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Home My WebLink About13-7429 For Prothonotary Use Only: 5f w prelm e Goru.rt.,o P're n n sir (van i a, Cals 1 M ,ri 'Flees s, rv�r,l V)lnb viand Docket No. The information collected on this forth is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ® Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction 11 Declaration of Taking C Lead Plaintiffs Name: Household Finance Consumer Discount Company Lead Defendant's Name: Bobby E. Kendall, Known Surviving Heir of Bobby W. „ T Kendall, Deceased Mortgagor and Real Owner I Are there money damages requested? ❑ Yes ® No Dollar Amount Requested: ❑ within arbitration limits O (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No I A Name of Plaintiff /Appellant's Attorney: McCabe, Weisberg & Conway, P.C. ❑ Check here if you have no attorney (a Self - Represented 1Pro Sel .Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Department of Transportation ❑ Premises Liability (does not include ❑ Statutory Appeal: Other S mass tort) E ❑ Slander/Libel/ Defamation ❑ Employment Dispute: ❑ Other: Discrimination C ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other O ❑ Other MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS B ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation ❑Declaratory Judgment I ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Disput ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 4 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 G Z -�` - ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIV AK, ESQUIRE - ID # 74770 = � n � 0 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 cols - CD + BRIAN T. LAMA.NNA, ESQUIRE - ID # 310321 JOSEPH F. RIGA, ESQUIRE - ID # 57716 q c-,"� JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 C.ELIN.E P. DERKRIKOR.IAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 - 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -101.0 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Household Finance Consumer Discount Company, CIVIL ACTION NUMBER: 3 O( 961 Weigel Drive Elmhurst, IL 60126, Plaintiff, COMPLAINT IN V. MORTGAGE FORECLOSURE D. Marie Myers 776 Baltimore Pike Gardners, Pennsylvania 1.7324 and Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 2178 Ritner Highway Shippensburg, Pennsylvania 17257 and Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 1.25 East Main. Street Walnut Bottom, Pennsylvania 17226 and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike 'n ,�.16�.75 Gardners, Pennsylvania 17324 Cam`^ ► QL Defendant(s). ff 12 b 3/ t PA Complaint I -A (CML Owner) 11 DEC 12ver3.0 01 9 CIVIL ACTION/MORTGAGE FORECLOSURE 1. This is an action to foreclose a mortgage brought on behalf of Plaintiff HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY. 2. The Defendant is D. Marie Myers, is a mortgagor of the mortgaged property hereinafter described, whose last known address is 2178 Ritner Highway, Shippensburg, Pennsylvania 17257. 3. The Defendant is Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, whose last known address is 2178 Ritner Highway, Shippensburg, Pennsylvania 17257. 4. The Defendant is Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, whose last known address is 125 East Main Street, Walnut Bottom, Pennsylvania 17226. 5. The Defendant is Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, whose last known address is 776 Baltimore Pike, Gardners, Pennsylvania 17324. 6. Mortgagor, Bobby W. Kendall, died on or about May 16, 2012. No estate has been opened as a result of the demise of Bobby W. Kendall, deceased Mortgagor and Real Owner. 7. Attached hereto as Exhibit A is a true and accurate copy of the promissory note and/or loan agreement ( "Note ") bearing the date of DECEMBER 6, 2005, in which BOBBY W. KENDALL, and D. MARIE MYERS promised to pay the sum of $153,825.75 ( "Loan "). 8. Attached hereto as Exhibit B is a copy of the mortgage ( "Mortgage "), dated DECEMBER 6, 2005 and bearing the names of Mortgagors, as the mortgagors, on real estate together with all improvements thereon, located at 776 BALTIMORE PIKE, GARDNERS, PA Complaint 1 -A (CML Owner) 11 DECl2ver3.0 2 PENNSYLVANIA 17324 ( "Real Estate "). A true and accurate copy of said Mortgage is attached as Exhibit B. The Mortgage was duly recorded on DECEMBER 9, 2005, as Instrument Number 200546440, in Book 1933 and Page 4589, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania. 9. The Real Estate subject to the Mortgage is described in the legal description attached hereto as Exhibit C. 10. The Mortgage is in default because the payments due and secured by the Mortgage have not been made. The Loan is currently due for the JUNE /2011 payment and all payments thereafter. 11. The business records maintained by Plaintiff, demonstrate that a combined notice ( "Combined Notice "), was mailed by registered or certified mail, to Mortgagor(s) at Mortgagor(s)' last known address and, if different, to the address of the Real Estate, on the date set forth in the Combined Notice. A true and accurate copy of the Combined Notice is attached as Exhibit D. PA Complaint 1 -A (CML Owner) 1 ] DEC 12ver3.0 3 12. As of NOVEMBER 11, 2013, there is due and owing amounts secured by the Mortgage in the sum of $182,403.37, which amount due includes the following: Principal Balance: $140,857.68 Interest through 11/11/2013 at the Current Rate of 7.74000 %: $31,492.96 Advances for Taxes: $7,629.73 Advances for Hazard Insurance: $2,423.00 Advances for Private Mortgage Insurance: $0.00 Total: $182,403.37 Less Suspense Balance or Escrow surplus, if any: $0.00 Less Restricted Escrow Balance, if any: $0.00 Total Amount Due or Owed: $182,403.37 The per diem interest due from 11/12/2013 is $30.2844. These itemized amounts may not include all fees currently due and owing under the Note and secured by the Mortgage, including certain late fees, inspection charges, property preservation expenses, and attorney's fees, since Plaintiff has decided to forgo collecting those fees, but that decision does not indicate that such fees were not properly due and owing at the time of any prior communications to the borrower(s) on the Note. 13. Plaintiff does not seek any monetary relief or judgement against Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real PA Complaint 1 -A (CML Owner) I 1 DEC 12ver3.0 4 Owner, and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner in connection with this action. WHEREFORE, Plaintiff demands in rem judgment against the Defendant in the sum of $182,403.37, together with the current interest at the rate of 7.74000% and other costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged property. Y• MCCABE, WEISBE G & CONWAY, P.C. Attorneys For Plaintiff VERIFICATION VPod AW Sec I am a of the Administrative Services Division of the Plaintiff and do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff and the facts set forth in paragraphs 1 through 13 of the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties relating to unsworn falsification to authorities. By: Y Zt , Si at Printed Name of Signatory On behalf of HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Its: VP and Asst. Sec, Admin Serv. Div Signatory's Title PA Complaint 1 -A (CML Owner) 11 DEC 12ver3.0 5 LOAN REPAYMI:LFT AND SECURITY AGREEMENT (Page I of 4) LE -NDER (called "« ", "Us ", "Our ") HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 25 GATEWAY DRIVE GATEWAY SOUAREISUITE 101 MECHANICSBURG PA 17055 BORROWE-'RS (called "You ", "Your ") IRAN NO: MYERS, D MARIE SS# 168342011 KENDALL, BOBBY W a SS# 195280510 r�,�„L�� 776 BALTIMORE PIKE WW''��JJ GARDNERS PA 17324 DATE OF LOAN FIRST PAYMENT DUE DATE I OTHERS SCHEDULED MATURITY CONTRACT RATE SAME BAY OF DATE (per yen) 1210612005 01106/2006 EACH MONTH 12106/2035 8.990 % AMOUNT FINANCED PRINCIPAL 145,999.46 i s 153,825.75 CLOSING FEE OFFICIAL FEES S 135.00 5 48.50 LIFE INS PREMIUM DISABIY INS PREMIUM IUI PREMIUM 5102.50 Month Iys 91 Monthly S NONE ORIGINATION FEE 7,691.29 FIRST INSTALLMENT MONTHLY INSTALLMENT TERM PERIOD 1,430.31 1,430.31 350 IOC PREP DISABILITY PREPAYMENT PENAL" FEE INS TERM 0-0 5 200,00 180 YES YOU ARE GIVING US A SECURITY INTEREST IN THE REAL ESTATE LOCATED AT THE ABOVE ADDRESS. REQUIRE3D INSURANCE. You must obtain insurance for term of loan covering security for this loan as indicated by the word ° "YES" below, naming us,as Loss Payee: YES Title insurance on real estate security. YES Hazard insurance on real estate security. You may obtain any required insurance from anyone you choose and may assign any other policy of insurance you own to cover the security for this loan. (See "Security" paragraph above for description of security to be insured.) v NOTICE: THE FOLLOWING PAGES CONTAIN ADDITIONAL CONTRACT TERMS. LOAN REPAYMENT AND SECURITY AGREEMENT (Page 2 of 4) PAYMENT. In return for your loan described below, you agree to pay us, the Principal and Interest computed at the Contract Rate (subject to any adjustment under the Adjustment to Contract Rate Section below) and any monthly insurance premium, if elected, until fully paid. Principal is Amount Financed, plus The Fee. The term Fee means the Origination Fee (Fee) shown on page one. You shall pay us monthly payments, at our business address or other address given you. If more than one Borrower is named on page one, we may enforce this Contract against all, or any Borrowers, but not in a combined amount greater than the amount owed. Payments are applied in the following order: late charges, interest at the Contract Rate for the actual time outstanding, principal, and insurance. For any past due amounts, payments will be applied to the most delinquent monthly installment first, in the same order shown above, until all past due monthly installments are paid in full. DOCUMENT PREPARATION FEE. You agree to pay the fee shown on page one for processing your loan and preparing your loan documentation. This fee is included in the Amount Financed. DATE ON WHICH INTEREST BEGINS. If you do not cancel this loan, the date on which Interest begins, payment dates, and effective date of insurance purchased are postponed by the number of days from this contract's date to date you receive this loan. ADJUSTMENT TO CONTRACT RATE. The Contract Rate, as shown on page one, will decrease by one quarter of one percent (.25) beginning with the thirteenth (13th) month after every twelve (12) consecutive month period where all payments were made in full within 30 days of their due date. Up to maximum of twelve (12) Contract Rate reductions are available during the term of the loan. For each Contract Rate reduction, the monthly installment payment will be reduced accordingly. Notwithstanding anything to the contrary in this paragraph, you will not receive any Contract Rate reductions or the reduced monthly payment after four periods of delinquency. A "period of delinquency" begins when you fail to make a payment in full within 30 days of the due date and ends when you have no payments that are outstanding for more than 30 days past their due date. PAY You agree to payouts of Amount Financed as shown on Truth disclosure form. If payouts change because loan closing is delayed, (a) you shall pay additional amounts due at closing, or (b) your cash or check will be reduced to cover additional payouts. PREPAYMENT. Subject to your choice of a Prepayment Penalty on this loan, you may prepay any or all of your loan at any time. If you chose a loan with a Prepayment Penalty, the word "YES" will appear in the Prepayment Penalty box on page one of this Agreement. In any event, if you fully pay before the final payment due date, the amount you owe will be reduced by unearned credit insurance charges, if any. If you prepay before the final due date, Points and Closing Fee are fully earned when this loan is made and you will not receive a refund of that part of the Finance Charge consisting of i Points and Closing Fee. 1'R}?PAYMEN I PENALTY. If "YES" is printed in the Prepayment Penalty box on page one of this Agreement, you agree to the following penalty. If you prepay in full within two (2) years of the date of this loan shown on page one, you agree to a pay a Prepayment Penalty equal to six (6) months interest calculated at the Contract Rate in effect at the time of prepayment on the unpaid principal balance. No Prepayment Penalty will be imposed (a) if this loan is refinanced by another loan with us; (b) after two (2) years; (c) if the loan is prepaid from the proceeds of any insurance; or (d) if we sue you. LATE CHARGI?. If you don't pay any payment in full in 10 days after it's due, you will also pay 5% of the unpaid amount of such payment. 1 13AD CHECK CHARGE. We will charge you a fee of $20 if any payment check is returned because of insufficient funds or is otherwise dishonored. You agree that we may deduct this charge from a monthly payment. SECURITY. 'There is a mortgage on your real estate, located at your address shown on page one unless a different address is stated. You agree to give us a security interest in the real estate as described in the Mortgage /Deed of 'Trust. PROPERTY INSURANCE: A. YOUR OBLIGATION TO INSURE. You shall keep the structures located on the real property securing this loan insured against damage caused by fire and other physical hazards, name us as a loss payee and deliver to us a loss payable endorsement. If insurance covering the real property is cancelled or expires while the loan is outstanding and you do not reinstate the coverage, we may obtain, at our option, hazard insurance coverage protecting our interest in the real property as outlined below. B. LENDER'S RIGHT TO PLACE HAZARD INSURANCE. You authorize us, at our option, to obtain coverage on the Property in an amount not greater than the outstanding balance of principal and interest on the loan or, if known to be less, NO'T'ICE: THE FOLLOWING PAGES CONTAIN ADDITIONAL CONTRACT TERMS. i LOAN REPAYMENT AND SECURITY AGREEMENT (Page 3 of 4) the replacement value of the Property, in the event that you fail to maintain the required hazard insurance outlined above or fail to provide adequate proof of its existence. You authorize us to charge you for the costs of this insurance and add the insurance charges to your loan. The Insurance charges will be added to the unpaid balance of the loan which accrues interest at the Contract Rate. The addition of the insurance charges due might increase the amount of your final installment. The cost of Lender placed hazard insurance might be higher than the cost of standard insurance protecting the property. The Lender placed insurance will not insure the contents of the property or provide liability coverage. The insurance might not be the lowest cost coverage of its type available and you agree that we have no obligation to obtain the lowest cost coverage. We or an affiliated company might receive some benefit (i.e, commission, service fee, expense reimbursement, etc.) from the placement of this insurance and you will be charged for the full cost of the premium without reduction for any such benefit. If at any time after we have obtained this insurance, you provide adequate proof that you have subsequently purchased the required coverage, we will cancel the coverage we obtained and credit any unearned premiums to your loan. DETAULT. If you don't pay on time or fail to keep any required insurance in force, or if permitted in the event of default under the Mortgage, (1) all your payments may become due at once and, (2) without notifying you before bringing suit, we may sue you for the entire unpaid balance of Principal and accrued Interest and (3) any judgment in our favor may include our reasonable attorney's fee and court costs as determined by the court. You agree that, should we obtain judgment against you, a portion of your disposable earnings may be attached or garnished (paid to us by your employer), as provided by Federal law. You agree to pay interest on any judgment at the Contract Rate. a CREDIT REPORTING AND CUSTOMER INFORMATION PRACTICES. If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to a Credit Reporting Agency. You agree that the Department of Motor Vehicles (or your state's equivalent of such department) may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen to telephone calls between you and our representatives in order to evaluate the quality of our service to you. You understand and agree that use will call you from time to time to discuss your financial needs and any loan products that may be of interest to you as may be permitted by Applicable Law. For more information regarding our privacy practices, please refer to our Privacy Statement, which is included with your loan documents. OPTIONAL INSURANCE. Optional credit insurances and any required insurance disclosures are attached to this q Agreement and are incorporated herein by reference. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDERS. The terms of the Arbitration Agreement and any other Riders signed as part of this loan transaction are incorporated into this Agreement by reference. APPLICABLE LAW, This loan is made at an agreed rate authorized by Section 501(a), Part A, Title V, Public Law 96 also known as Section 1735f (a), Title 12, United States Code (USC). If you do not pay the full amount of an instalment when it is due, and we intend to foreclose on the ,Mortgage, we must comply with the provisions of Section 403 and 404 of the Act of January 30, 1974, which is known as Act No. 6, and the provisions of the Homeowner's Emergency Mortgage Assistance Act (Act No. 91 of 1983). w NOTICE: THE FOLLOWING PAGE CONTAINS ADDITIONAL CONTRACT TERMS. LOAN REPAYMENT AND SECURITY AGREEMENT (Page 4 of 4) ANY ADVANCE OF FUNDS PURSUANT TO THIS LOAN REPAYMENT AND SECURITY AGRE =EMENT AND TiiE MORTGAGE WHICH SECURES THE AGREEMENT MAY, IN THE EVEN'r Or. ANY DEFAULT, RESULT IN THE LOSS OF YOUR HOME OR OTHER REAL PROPERTY PLEDGED AS SECURITY FOR YOUR LOAN. YOU HAVE RECEIVED A COMPLF-I1 COPY OF 'r11IS AGREEMENT AND THE TRUTH -IN- LENDING DISCLOSURES. O RO VERS: W (SEAL) , J ` (SE-AL) (SEAL) WITNESS: 0 0 i Exhibit B _ _ i nstrument w s prepared by: '' —. E G L Th' t i,= ;,G,''CER CF DEEDS I "; CU S E H 0 E! in •..,:C COI�PORATI�S . 16 �+�l�' 5 C L "'Ci:;�LA1:D COIf;'TY -F1 Gat8way Dirivn S a n W 205 CEC 9 Pty 2 �? 1* r Return To: , 1705 : , �.. ; , �� _ f Records Processing Services 577 Lamont Road Elmhurst,IL 60126 (800) 547 UPI # 11TYQ — I MORTGAGE IF BOX IS CHECKED, THIS MORTGAGE IS AN OPEN -END MORTGAGE AND SI?(:URI:.S FUTURE ADVANCES. THIS MORTGAGE is made this day 6TH of DECEMBER 20 between the Mortgagor, BOBBY W. KEN&LL AND D, MARIE MYERS herein "Borrower" and Mortgagee HOLD F I NANC CONSUMER DISCOUNT COMPANY a corporation organized and existing under the laws o PENNSYLVANIA , whose address is 25 GATEWAY DRIVE, GATEWAY SQUARE /SUITE 107, MECHANICSBURG, PA 17055 herein "Lender"). a The following paragraph preceded by a checked box is applicable. X WHEIREAS, Borrower is indebted to Lender in the principal sum of $ evidenced by Borrower's Loan Repayment and Security Agreement or Secondary Mortgage Loan Agreement dated and any extensions or renewals thereof (herein "Note"), providing for monthly installments of principal and interest, including any adjustments to the amount of payments or the contract rate if that rate is variable, with the balance of the indebtedness, if not sooner paid, due and payable on ()Fr FhIRFR 6. 20S'? a WHEREAS, Borrower is indebted, to Lender in the principal sum of $ ° or so much thereof as may be advanced pursuant to Borrower's Revolving Loan Agreement dated and extensions and renewals thereof (herein "Note"), providing for monthly installments, and interest at the rate and under the terms specified in the Note, including any adjustments in the interest rate if that rate is variable, and providing for a credit limit stated in the principal sum above and an initial advance of $ TO SECURE to Lender the repayment of (1) the indebtedness evidenced by the Note, with interest thereon, including any increases if the contract rate is variable; (2) future advances under any Revolving Loan Agreement; (3) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this ;Mortgage; and (4) the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns the following described property located in the County of CUMBERLAND Commonwealth of Pennsylvania: SEE EXHIBIT A -LEGAL DESCRIPTION I iI BKI933FGL.589 -2- TOGE'1'HER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents, all of which shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate if this Mortgage is on a leasehold) are hereinafter referred to as the "Property." Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest (including any variations in interest resulting from changes in the Contract Rate that may be specified in the Note) on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and. this Security Instrument shall a be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 12. Lender may return any payment or partial payment if - the payment or partial payments are insufficient to bring the Loan current. I.,ender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2 or as may be required by the Note and/or applicable taw, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment a SIt 19 3JPGLr590 -S- and the late charge, If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Volunatary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Peridic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) ,Mortgage Insurance premiums, if any. 'these items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Dees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 7. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 7 and pay such amount and Borrower shall then be obligated under Section 7 to repay to j Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 12 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35000, as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this security instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the loan does not qualify as a "federally related mortgage loan" under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, " instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) BKI933PG4591 -4- or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Gender shall notify Borrower as required by' RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Prior Mortgages and Deed of 'Crust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any. 5. hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and such other hazards as Lender may require. The insurance carrier providing the insurance shall be chosen by the Borrower subject to approval by bender; provided, that such approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to ].ender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Mortgage. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower, or if Borrower fails to- respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repai r of the Property or to thesums secured by this Mortgage. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Mortgage is on a leasehold. If this Mortgage is on a unit in a condominium or a planned unit development, 4 Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or 8K!933PGL ,,592 u - governing the condominium or planned unit development, the by and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorneys' fees, and takesuch action as is necessary to protect Lender's interest. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the contract rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may take or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with alien which has priority over this Mortgage. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by appl i cable law, shall not be a waiver of or preclude the exercise of any such right or remedy. IL Successors and Assigns Bound; Joint and Several Liability; Co- signers. 'The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co this Mortgage, butdoes not execute the Note, (a) is co signing this Mortgage only to mortgage, grant and convey that Borrower's interest in the Property to Lender under the terms of this Mortgage, (b) is not personally liable on the Note or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations wi th regard to the terms of this Mortgage or the Note without that Borrower's consent and without releasing that Borrower or modifying this Mortgage as to that Borrower's interest in the Property. 12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Mortgage shall be deemed to have been given to Borrower or Lender when given in the mannerdesignated herein. ' 13. Governing Law; Severability. The applicable law contained in the Note shall control. Where no applicable law is contained therein, the state and local laws applicable to this Mortgage shall be the laws of the jurisdiction i which the Pro rt is located. The fore oin sentence shall not limit the applicability W SK 1933PGLs593 -6- of Federal law to this Mortgage. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Mortgage and the Note are declared to be severable. As used herein, "costs," "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this ` Mortgage at the time of execution or after recordation hereof. 15. Rehabilitation Loan Agreement. Borrowershall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 16. Transfer of the Property. If Borrower sells or transfers all or any part of the Property or an interest therein, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) a transfer by devise, descent, or by operation of law upon the death of a joint tenant, (c) the grant of any leasehold interest of three years or less not containing an option to purchase, (d) the creation of a purchase money security interest for household appliances, (e) a transfer to a relative resulting from the death of a Borrower, (f) a transfer where the spouse or children of the Borrower become an owner of the property, (g) a transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Borrower becomes an owner of the property, (h) a transfer into an inter vivos trust in which the Borrower is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property, or (i) any other transfer or disposition described in regulations prescribed by the Federal Home Loan Bank Board, Borrower shall cause to be submitted information required by Lender to evaluate the transferee as if a new loan were being made to the " transferee. Borrower will continue to be obligated under the Nrote and this Mortgage unless Lender releases Borrower in writing. If Lender does not agree to such sale or transfer, Lender may declare all of the sums secured by this Mortgage to be immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 12 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed or delivered within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 17 hereof. NONUNIFORM COVENAN 1'S. Borrower and Lender further covenant and agree as follows: 17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, foreclosure by judicial proceeding, and sale of the Property. The v 8K ! 933PG!r594 :p _7_ notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of the sums secured by this i\Iortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Lender shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorneys' fees and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding Under's acceleration of the sums by this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by . Lender to enforce this Mortgage discontinued at any time prior to entry of a judgment enforcing this Mortgage if, (a) Borrower pays Lender all sums which would be then due under this Mortgage and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower . contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage, and in enforcing Lender's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 19. Assignment of Rents; Appointment of Receiver. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof, in abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 7 hereof or abandonment of the Property, Lender shall be w entitled to have a receiver appointed by a court to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable - attorneys' fees, and then to the sums secured by this Mortgage. The receiver shall be liable to account only for those rents actually received. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall release this ,Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any. 21. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Y Property under state or Federal law. 22. Interest Rate After Judgment. Borrower agrees the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note. 23. Arbitration Rider to Note. The Arbitration Rider attached to and made a part of the Note is hereby incorporated by reference and made a part of this Mortgage. I BK1933PG4595 b .8. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority over this Mortgage to give Notice to Lender, at Lender's address set forth on page one of this Mortgage, of any default under the superior encumbrance and of any sale or other foreclosure action. IV o by W Kendall - Bordwer D Marie Myers - 1orrower I hereby certify that the precise address of the Lender (Mortgagee) is: 25 Gateway Drive, Gateway Square /Suite 107, Mechanicsburg, PA 17055 On behalf of the Lender. By: Ryan D Russell Title: Branch Manager COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: I. Lisa A Seay a Notary Public in and for said county and state, do hereby certify that Bo W Kendall & D Marie M ers Not Stated personally known to me or proven satisfactorily to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and acknowl ge that they signed and delivered the said instrument as their free voluntary act, for the uses and purposes therein set forth. a4 .µo@iveil my hand and official seal, this 6th day of December , 20 NOURIAC sea. = 0 ,V'iio expires: LISA ASEAY " Notary Pubtic T cay OF HARRISBURG, DAUPHIN COUNN \ ry is t' �f = i : �{ ; ' t► J19 My Commisalon Expires Jul 24, 2007 tz 'MlEALTH OF PENNSYLVANIA, County ss: r ±, •'?�f; l �. T a Notary Public in and for said county and state, do hereby tha t pally known to me or proven satisfactorily to be the same persons whose name (s sbscribed to the foregoing instrument, appeared before me this day in person, and acknowledge that he signed and delivered the said instrument as free voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this day of 20 My Commission expires: Notary Public 9K 1933PG!;,596 -9- (Space Below This Line Reserved For Lender and Recorder) 1. 4 K BK ! 933PG4597 f EXHIBIT A (PAGE 1) ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 05/ 24/1999 AND RECORDED 06/09/1999, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 201 AND PAGE 378. TAX PARCEL 10: 40 -38- 2180 -008 if this to be reCOrdc� I Cert y , c P A to Ctimbe' i y Recorder of D Ceds 9KI933PR598 u Exhibit C " EXHIBIT A (PAGE 1) ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SOUTH MIDDLETON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED 05/ 24/1999 AND RECORDED 06109/1999, AMONG THE LAND RECORDS OF " THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 201 AND PAGE 378. TAX PARCEL ID: 40 -38- 2180 -008 " 6 t � be cecord� c� Certify tl�is r,oUnty P� to Cumbel Recorder 0 f DGeds o r r r r a a McCabe, Weisberg & Conway, PC PO Box 9025 Temecula, CA 92569 -9025 7196 9006 9296 4215 9650 I Send Correspondence to. McCabe, Weisberg & Conway, PC 126 South Broad Street Suite 2080 20121227 -132 Philadelphia, PA 19109 I D Marie Myers 776 Baltimore Pike Gardners, PA 17324 I I PAACTC_FLAT 4: December 27, 2012 ACT 91/ ACT 6 NOTICE TAKE ACTION TO SAVE YOUR . HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. 4' The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 -342 -2397. (Persons with impaired hearing can can (717) 780 - 1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENH)O DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE AL LAMARD A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. LISTED PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 65275 Page I MA w HOMEOWNER'S NAME(S): Myers, Marie D. & Kendall, Bobby PROPERTY ADDRESS: 776 Baltimore Pike, Gardners, Pennsylvania 17324 LOAN ACCT. NO.: ORIGINAL LENDER: Household Consumer Discount Company CURRENT LENDEWSERVICER: HSBC Consumer Lending (USA) Inc. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOS URE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. (Plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELINGAGENCIES - -If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face -to -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Financc Agency. To temporarily stop the lender a from filing the foreclosure action, the application MUST be forwarded to PHFA and received within thirty (30) days of your "face -to- face" meeting with your counseling agency. 65275 Page 2 0 YOU SHOULD FILE HEMAP APPLICA TION SOONAS POSSIBLE IF YOUHAVE A MEETING WITH A COUNSELINGAGENCY WITHING 33 DAYS OF THE POSTMARKED DATE OF THIS NOTICE AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION --Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 776 Baltimore Pike, Gardners, Pennsylvania 17324 IS SERIOUSLY IN DEFAULT because: Y(Al f MONI'li7.:Y I'AX:MI>NIS for t€te following iXkonllts and the f +> €3.<swino amounts are now past due: x;1.9,789.66 for the n muftis of June 12, 4 1 011 through December ter 3 1 , 201.2. Other cbarges have also accrued to this date in the following amounts: Tax lAd v anc —es: $5,48 'Me total amount now required to curt this default, or its other words. get caught up in your payments, as of the date of this letter, is $25,275.0 1. C HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $25,275.111, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments yowl - I be _made either by cash. cashier's chect certified checkor money order made payable and sent to: HSBC Consumer Lending (USA) Inc. 2929 Walden Ave Depew, New York 14043 65275 Page 3 c IF YOU DO NOT CURE THE DEFAULT - -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your morteaged property IF THE MORTGAGE IS FORECLOSED UPON - -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to Pay attorney's_ fees OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - -If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due, bus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other reauirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - -It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approidmately FIVE months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. 4; HOW TO CONTACT THE LENDER Name of Lender: HSBC Consumer Lending (USA) Inc. Address: 961 Weigel Drive, Elmhurst, Illinois 60126 Phone Number: (888) 395 -6000 u EFFECT OF SHERIFF'S SALE - -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or XX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 65275 Page 4 YOU MAY ALSO HAVE THE RIGHT: ° • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVETHIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) 4 • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty (30) days of the date of this notice, (bat you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from the date of this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of debt. If you request this office in writing within thirty (30) days of the date of this notice, this office will provide you with the name and address of the original creditor. 0 Although we have requested that you mare payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THIS PURPOSE. Enclosure: Validation of Debt Notice Consumer Credit Counseling Agencies SENT VIA REGULAR AND CERTIFIED MAIL RETURN RECEIPT REQUESTED 65275 Page 5 Validation of Debt Notice T Pursuant to the Fair Debt Collection Practice Act (FDCPA) (15 USC 1692), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty (30) days after the date of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty (30) day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3) upon the consumer's written request within the thirty (30) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty (30) days of the date of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you stiD have the right to make a written request, within thirty (30) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. The Law Office of McCABE, WEISBERG & CONWAY, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that the FDCPA does not preclude the institution of legal action prior to the expiration of the thirty (30) day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that I may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any funds tendered will be subject to verification and correctness before the matter is concluded. DATE: December 27, 2012 McCabe, Weisberg & Conway, P.C. for HSBC Consumer Lending (USA) Inc. M 65275 Page 6 Cumberland County *C'CC v of Western Psi -• York 55 Clover Hill Road Dallastown PA 17313 888.511.2227 / 888.511.2227 www.cccspa.org Community Action Commission - Capital Region 1514 Derry St Harrisburg PA 17104 717.232.9757 www.cactricouiity.org I• arrisbiarg Fair Housing Council 2100 N 6th St Harrisburg PA 17110 717.238.9540 Housing & Redevelopment Authority Cumberland Crity 114 N Hanover St; STE 104 Carlisle PA 17013 866.683.5907 / 717.249.0789 www.cchra.com Pathstone Corporation Pennsylvania 1625 North Second St Harrisburg PA 17102 717.234.6616 www .rurallse.org.,pathstone_pa.htrn Pennsylvania Interfaith Community Programs, Inc. 40 E High St Gettysburg PA 17325 717.334.1518 www.adamscho.org 0 65275 Page 7 �W a NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action ex- puestas en las paginas siguientes, usted within twenty (20) days after this complaint tiene veinte (20) dias de plazo al partir de la and notice are served, by entering a written fecha de la demanda y la notificacion. Hace appearance personally or by attorney and falta asentar una comparencia escrita o en filing in writing with the court your defenses persona o con un abogado y entregar a la or objections to the claims set forth against corte en forma escrita sus defensas o sus you. You are warned that if you fail to do so objeciones a las demandas en contra de su the case may proceed without you and a persona. Sea avisado que si usted no se judgment may be entered against you by the defiende, la corte tomara medidas y puede court without further notice for any money continuar la demanda en contra suya sin claimed in the complaint or for any other previo aviso o notificacion. Ademas, la claim or relief requested by the plaintiff. corte puede decidir a favor del demandante You may lose money or property or other y requiere que usted cumpla con todas las rights important to you. provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros YOU SHOULD TAKE THIS derechos importantes para usted. PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO USTED LE DEBE TOMAR ESTE TO OR TELEPHONE THE OFFICE SET PAPEL A SU ABOGADO FORTH BELOW. THIS OFFICE CAN INMEDIATAMENTE. SI USTED NO PROVIDE YOU WITH INFORMATION TIENE A UN ABOGADO, VA A O ABOUT HIRING A LAWYER. TELEFONEA LA OFICINA EXPUSO IF YOU CANNOT AFFORD TO ABAJO. ESTA OFICINA LO PUEDE HIRE A LAWYER, THIS OFFICE MAY PROPORCIONAR CON INFORMATION BE ABLE TO PROVIDE YOU WITH ACERCA DE EMPLEAR A UN INFORMATION ABOUT AGENCIES ABOGADO. THAT MAY OFFER LEGAL SERVICES SI USTED NO PUEDE TO ELIGIBLE PERSONS AT A PROPORCIONAR PARA EMPLEAR UN REDUCED FEE OR NO FEE. ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON Donald Fennimore INFORMACION ACERCA DE LAS Court Administrator AGENCIAS QUE PUEDEN OFRECER Adams County Courthouse LOS SERVICIOS LEGALES A 117 Baltimore Street PERSONAS ELEGIBLES EN UN Gettysburg, Pennsylvania 17325 HONORARIO REDUCIDO NI NINGUN (717) 337 -9846 HONORARIO. Donald Fennimore Court Administrator Adams County Courthouse 117 Baltimore Street Gettysburg, Pennsylvania 17325 (717) 337 -9846 PA Complaint 1 -A (CML Owner) 11 DEC 12ver3.0 FORM 1 Household Finance Consumer Discount Company IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAW a vs. 7o ;C_" D. Marie Myers, Bobby E. Kendall, Known Surviving Civil ��'' � 1 Heir of :Bobby W. Kendall, :Deceased Mortgagor and �� z? Real Owner, Larry W. Kendall, Known Surviving Heir r :X of Bobby W. Kendall, Deceased Mortgagor and Real + Owner, Unknown Surviving Heirs of.Bobby W. . Kendall, Deceased Mortgagor and Real Owner and .� Bobby W. Kendall Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements " with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: . ( - 4 Date [Signature of Counsel for Plainti 65275 Page 1 FORM 2 4 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOM ER/PRI MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? N Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: 0 Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: 4 Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 " Mortgage Utilities Car Payment(s) Condo/Neigh. Fees V Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Da /Child Care /Twit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes 0 No 0 If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your deliquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I /We, , authorize the above { named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I /we am/are under no obiligation to use the services provided by the above named Borrower Signature Date L Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income f Past 2 bank statements Proof of any expected income for the last 45 days ` r Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 McCABE,WEISBERG & CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE-ID#34687 ED'OFFt f, MARGARET GAIRO,ESQUIRE-ID#34419 F THE PRO r Ht1Pdfl T4 ri' ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 � � HEIDI R. SPIVAK,ESQUIRE-ID# 74770 PJ MARISA J. COHEN,ESQUIRE-ID# 87830 CUMBER CHRISTINE L. GRAHAM,ESQUIRE-ID# 309480 PENNS YL Q Co rY BRIAN T. LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID# 57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P. DERKRIKORIAN,ESQUIRE-ID# 313673 JENNIFER L. WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID# 316421 s 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Cumberland County Company Court of Common Pleas 961 Weigel Drive Elmhurst, IL 60126 Number: 13-7429-civil Plaintiff V. D. Marie Myers 776 Baltimore Pike Gardners, Pennsylvania 17324 and Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall,Deceased Mortgagor and Real Owner 2178 Ritner Hwy Shippensburg, Pennsylvania 17257 and Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall,Deceased Mortgagor and Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 and Unknown Surviving Heirs of Bobby W. Kendall,Deceased Mortgagor and Real Owner ° 776 Baltimore Pike Gardens, Pennsylvania 17324 Defendants MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, Household Finance Consumer Discount Company, by its counsel, moves this b Honorable Court for an Order directing service of the Complaint and of all subsequent notices and pleadings that require personal service,including Notice of Sheriff's Sale upon Defendant,Unknown Surviving Heirs of Bobby W.Kendall,Deceased Mortgagor and Real Owner,by mail and by posting the mortgaged premises and by publication and in support thereof, avers the following: A 1. Bobby W.Kendall was an individual and is the sole record owner and mortgagor of the premises that is the subject of Plaintiff's action in Mortgage Foreclosure. 2. The premises that is subj ect of this mortgage foreclosure action is 776 Baltimore Pike, South Middleton Township, Pennsylvania 17324 and is the last-known address of the decedent. 3. Bobby W.Kendall is deceased,having departed this life on May 16,2012. No estate or administration has been opened as a result of the demise of Bobby W. Kendall. The only known heirs of Bobby W. Kendall are Bobby E. Kendall and Larry W. Kendall. Accordingly, D. Marie Myers,mortgagor, and Unknown Surviving Heirs of Bobby W. Kendall,Deceased Mortgagor and y Real Owner, have been named as Defendants to this foreclosure action. 4. Bobby E.Kendall and Larry W.Kendall are the only known surviving heirs of Bobby W.Kendall.Plaintiffretained Attorney Outsourcing Support Services,Inc.to investigate the identity of any additional heirs of Bobby W.Kendall. No additional heirs were found.An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto, made a part hereof and marked as Exhibit"A." 5. Plaintiff has obtained a property search of the mortgage premises which indicates that the record owner of the premises is Bobby W. Kendall. A true and correct copy of the property w search is attached hereto and marked as Exhibit "B." 6. Plaintiff will never be able to personally serve the Complaint and subsequent pleadings upon the Unknown Surviving Heirs of Bobby W.Kendall,Deceased Mortgagor and Real Owner. 7. Pursuant to Pennsylvania Rule of Civil Procedure 430(b)(2),service upon Unknown Heirs may be made by publication. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order e pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2(D) directing service of the Complaint by posting,publication and by mail and further directing that all subsequent Notices and pleadings that require personal service may be served in this manner except that publication of the Notice of Sheriff's Sale by the Sheriff set forth in Pa.R.C.P 3129.2(D) is legally sufficient and Plaintiff need not republish the Notice of Sheriff's Sale. McCABE,,�WEIS�BERG& CONWAY,P.C. BY: [ ]Terrence T.Mc be,Esq. [ ]Marc S.Weisberg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. [ 1 Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ] Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. [x]Jennifer L.Wunder,Esq. [ ]Lena Kravets,Esq. Attorneys for Plaintiff R N Attorney Outsourcing Support Services, Inc. Suite 2050 .Serving 123 S. Broad Street Connecticut, New York, g Philadelphia PA 19109 N",Jersey, Pennsylvania, tel. (215)790»5964 Maryland, fax. (215)320-5779 Virginia, and D.C. W Good Faith Investi ation SUBJECT OF INVESTIGATION: Bobby Kendall DATE OF DEATH: 5/16/12 CLIENT: McCABE,WEISBERG & CONWAY,P.C. a FILE#: 65275 AOSS f'ILE#: 12M SUBJECT'S LAST KNOWN ADDRESS: 776 Baltimore Pike, Gardners PA 17324 W I, Stacey O'Connell, being duly sworn according to law,deposes and says that I completed a death investigation into the whereabouts of the above named subject and the extent of the investigation and the results are as follows: I.Verification of Death 1. SOCIAL,SECURITY DEATH INDEX Social Security has a record of the subject,and it states the date of death as May 1.6,2012. 2. OBITUARY ARCHIVE The Obituary Archive has a record of the subject. Surviving Heirs: Sons-Bobby E. Kendall and Larry W.Kendall Sisters- Vivian Swanger and Vesta Jane Zinn B. Kendall investigation page number two. LI. Investigation for Estate Information 1. RESULTS FROM LETTER TO REGISTER OF WILLS Cumberland County Register of Wills has no record of the subject. 111. Investigation for Next of Kin �~ 1. LEXIS NEXIS SEARCH Search shows subject as deceased. The date of death given is 5/16/12. Potential Relatives: Bobby E. Kendall aka Robert E. Kendall '21.78 Ritner Hwy, Shippensburg PA 17257 Larry W. Kendall-125 E. Main St, Walnut Bottom PA 17266 2. CONTACT FUNERAL DOME a Funeral Home not contacted due to heirs listed in the obituary . The information set forth in this Death Investigation is true and correct to the best of my knowledge and belief. BY: TI'T'LE: Location Specialist Notary Public: Sworn before me this day NOV 2012. NOTARIAL SEAL KdsHna M.Fox-Moulder,Notary Public City of Philadelphia,Phila.Cau�iy my commission Expires October 2,2018 Altorney's in Service of Process, Skin trace Searches, Tax Cer if f cations, Bankruptcy Filing Services, Death Investigations and Sheriff Sale Notifrcations Bobby W. Kendall: Death Record from the Social Security Death Index (S... Page 1 of 1 1. Home 2. Social.Security Death Index 3. Search Results 4.-Result 1 of 1 Bobby W: Kendall: Social Security Death Index (SSDI) Death.Record Name: Bobby W. Kendall State of Issue: Pennsylvania Date of Birth: Saturday _1935 Date of Death: Wednesday May 16, 201.2 Est. Age at Death: 76 years, 9 months, 26 days Confirmation: Verified • In the News • Contact Us • Affiliates • Privacy Policy • Terms of Use • Site Mao • B• log Q' w http://www.genealogybaiik,com/gbnk/ssdi/doc/ssdi/v 1:13.F 13.B6FCF 116C00 11/29/201.2 Glenda Farner Strasbaugh Register of Wills& t Clerk of'Orphans' Court One Courthouse Square Carlisle, PA 17013 Marjorie A.Wevedau % First.Deputy Phone: 1-888-697-0371 x 6345 717-240-6345 Kirk S.Sohonage,Esq. Fax: 1-888-697-0371 x 7797 Solicitor OFFICES OF Register of Wills and Clerk of the Orphans' Court County-of C—umberland RESPONSE TO RESEARCH REQUEST November 26, 2012 ❑ AN ESTATE WAS LOCATED Decedent Name: Estate No.: Date Filed: Date Granted: Personal Representative: Address: City, State, Zip: Attorney Name: Address: City, State, Zip: Telephone: lE NO RECORD OF PROBATE ❑ NEED MORE INFORMATION TO CONDUCT SEARCH ❑ FEE REQUIRED. Please forward a check in the amount of$4 per name to be searched. Make check .payable to Register of Wills and included a self-addressed stamped envelope. E®;YOUR RECEIPT-IS ENCLOSED: ® _—COMMENTS. MENTS:' �T10 ESTATE FOUND FOR BOBBY KENDALL w > NOTE: The fee to file a claim against an estate is $1.0. See our website for the Notice of Claim form. (www.ccpa.net - search for Notice of Claim) Page 1 1 OF 1 RECORD(S) FOR INFORMATIONAL PURPOSES ONLY Copyright 2012 LexisNexis a division of Reed Elsevier Inc.All Rights Reserved. Address........ ...............................................................................P.hone............................................ ........................ .......... .....................F�uil Name.......... ........... TTNN yy KENDALL SR, BOBBY�N SHIPPENSBURG PA 17257-9756 (717)776-7056 y CUMBERLAND COUNTY ADDITIONAL PERSONAL INFORMATION SSN DOB Gender LexID(sm) 195-28-XXXX 7/1936 001374470212 (Would be:76) Deceased (Date of Death:5/16/2012) Subject Summary Name Variations 1: BOBBY,KENDALL 2: KENDALL,BOBBIE 3: KENDALL,BOBBIE W 4: KENDALL,BOBBY 5: KENDALL SR,BOBBY W 6: KENNALL,BOBBY E 7: MYERS,BOBBY 8: MYERS SR,BOBBY W 9: MYERS, BOBBY W SSNs Summary No. SSN State Iss. Date Iss. Warnings Most frequent SSN attributed to subject: 1: 195-28-XXXX Pennsylvania 1952-1955 Deceased Other reported SSNs: 1: 195-78-XXXX Pennsylvania 1999-2002 Deceased DOBs Reported DOBs: 7/1936 7/1935 Others Using SSN -1 records found # Full Name SSN DOB 1: GOODWORTH,THOMAS L 195-28-XXXX 6/1938 A&Deceased Address Summary-6 records found No. Address 1: 2178 RITNER HWY " SHIPPENSBURG,PA 17257-9756 CUMBERLAND COUNTY 2: 776 BALTIMORE PIKE GARDNERS,PA 17324-9010 Page 2 CUMBERLAND COUNTY 3: PO BOX 1054 CARLISLE,PA 17013-6054 CUMBERLAND COUNTY 4: 7 WALNUT ST NEWVILLE PA 17241-1521 CUMBERLAND COUNTY....................... . .... .......................................................................................................................................... .............. . ........ 5: 776 776 BALTIMORE GARDNERS, PA 17324 ADAMS COUNTY 6: WALNUT ST NEWVILLE PA 17241 CUMBERLAND COUNTY Address Details 1: 2178 RITNER HWY SHIPPENSBURG,PA 17257-9756 Address Dates Phone „ 2178 RITNER HWY 9/1994- (717)776-7056 SHIPPENSBURG,PA 17257-9756 10/2012 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age:40 Median Income:$70,736 Median Home Value:$160,750 Median Education: 13 years Household Members KENDALL, BOBBY EUGENE 4 KENDALL,CONNIE MAY Other Associates None Listed 2:776 BALTIMORE PIKE GARDNERS,PA 17324-9010 Address Dates Phone 776 BALTIMORE PIKE 9/1991 -6/2012 (717)486-4713 GARDNERS, PA 17324-9010 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age:44 Median Income:$61,659 Median Home Value:$105,449 Median Education: 12 years Household Members KENDALL,DMARIE MYERS,DOROTHY MARIE MYERS, ROBERT TODD Other Associates None Listed K 3:PO BOX 1054 CARLISLE,PA 17013-6054 Address Dates Phone PO BOX 1054 811999-512011 CARLISLE,PA 17013-6054 . K Page 3 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age:37 Median Income:$44,643 Median Home Value:$97,250 Median Education: 13 years ...................................hold Members .................... . ........................................ ................................ . .. YER ,DOROTHY MARIE MYERS,TAMMY M Other Associates None Listed 4:7 WALNUT ST NEWVILLE,PA 17241-1521 Dates Phone Address 7 WALNUT ST 2/1987-5/2006 (717)776-9229 NEWVILLE PA 17241-1521 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age:39 Median Income:$51,818 Median Home Value:$128,935 Median Education: 13 years Household Members KENDALL,LARRY WAYNE KENDALL,LOUISE F Other Associates None Listed 5:776 776 BALTIMORE GARDNERS,PA 17324 Dates Phone Address 776 776 BALTIMORE 312002-312002 ADAMS COUNTY17324 Census Data for Geographical Region Median Head of Household Age:39 Median Income:$67,500 Median Home Value:$134,286 Median Education: 13 years Household Members None Listed Other Associates None Listed 6:WALNUT ST NEWVILLE,PA 17241 Dates Phone Address WALNUT ST NEWVILLE PA 17241 CUMBERLAND COUNTY Household Members KENDALL,LOUISE F Other Associates None Listed n Page 4 Driver Licenses -1 records found 1: Pennsylvania Driver License Driver Information Name: KENDALL,BOBBIE W Address: WALNUT ST NEWVILLE PA 17241 .................. .............I...CUMBERLAND.COUNTY................................................................................................................... . .......... .......... .......... Data source: Non-Governmental:PA Personal Information SSN: 195-28-XXXX DOB: 0711936 Additional Driver Information DOB: 0711936 Real Property -3 records found 1: Assessment Record for CUMBERLAND County, PA Owner Information Name: KENDALL,BOBBY W Address: 776 BALTIMORE PIKE GARDNERS,PA 17324-9010 County/FIPS: CUMBERLAND Property Information Address: 776 BALTIMORE PIKE GARDNERS, PA 17324-9010 County/FiPS: CUMBERLAND Data Source: B Legal Information Assessor's Parcel Number: 40-38-2180-008 Recording Date: 06/09/1999 Book/Page: 2011378 Sale Information Sale Price: $115000 Assessment Information Assessed Value: $171200 2:Assessment Record for CUMBERLAND County, PA Owner Information Name: KENDALL,BOBBIE&LOUISE Address: 7 WALNUT ST NEWVILLE,PA 17241-1521 County/FIPS: CUMBERLAND Property Information " Address: 7 WALNUT ST NEWVILLE,PA 17241-1521 County/FIPS: CUMBERLAND Data Source: B Legal Information Assessor's Parcel Number: 28-21-0361-101 Assessment Information Assessed Value: $101390 3: Deed Record for CUMBERLAND County Buyer Information Name: KENDALL,BOBBY W Seller Information Page 5 Name: GREGORY G ROHRER Property Information Address: 7 WALNUT ST NEWVILLE,PA 17241-1521 County/FIPS: CUMBERLAND Data Source: B Legal Information Assessor's Parcel Number: 28-21-0361-101 Contract'Date ...0512411999... Recording Date: 06/09/1999 Book/Page: 2011378 Sale Information Sale Price: $115000 Judgments/Liens-6 records found 1: PA Judgments and Liens Filings Debtor Information Name: KENDALL,BOBBY SSN: 195-28-XXXX Address: 776 BALTIMORE PIKE GARDNERS,PA 17324-9010 CUMBERLAND COUNTY - Creditor Information Name: BOROUGH OF NEWVILLE Filing Information Jurisdiction: PA Amount: $435.67 Filing Date: 10/9/2001 Case Number: JC-00005842-2001- Release Date: 4/17/2002 Filing Status: SATISFIED Filing 1 h Number: 2001-05842 Type: JUDGMENT Agency: PROTHON OTAR IES'OFF ICES IN ALL COUNTIES Agency State: PA Agency County: CUMBERLAND 2:PA Judgments and Liens Filings Debtor Information Name: KENDALL,BOBBY SSN: 195-28-XXXX Address: 776 BALTIMORE PIKE CUMBERLLAND COUNTY 10 Creditor Information Name: BOROUGH OF NEWVILLE Filing Information Jurisdiction: PA Amount: $355.37 Filing Date: 10/27/2000 Case Number: DJ-00000112-2000-HM Filing Status: THp COURT FOR THE CURRENT ELSEWHERE IN THIS REPORT;CHECK r STATUS Filing 1 W Page 6 Number: CV-0000112-00 Agency State: PA a Agency County: CUMBERLAND 3: PA Judgments and Liens Filings Debtor Information Name: KENDALL,BOBBY .................................... ..... ......_.................................... .............................................. ................................................... SSN:'1'95=28=XXXX................ Address: 776 BALTIMORE PIKE GARDNERS, PA 17324-9010 CUMBERLAND COUNTY Creditor Information r Name: BOROUGH OF NEWVILLE Filing Information Jurisdiction: PA Amount: $355 Filing Date: 9/8/2000 Eviction N Filing 1 Number: CV000011200 Type: CIVIL NEW FILING Agency: CUMBERLAND CNTY DIST JUSTICE 9-3-02 » Agency State: PA Agency County: CUMBERLAND 4:PA Judgments and Liens Filings Debtor Information Name: KENDALL,BOBBY SSN: 195-28-XXXX Address: 776 BALTIMORE PIKE GARNES PA 17324-9 CUMBERLAND COUNTY010 Creditor Information Name: BOROUGH OF NEWVILLE Filing Information Jurisdiction: PA Amount: $355.37 Filing Date: 9/8/2000 Case Number: CV-00000112-2000-HM Filing Status: THE COURT FOR THE SENT ELSEWHERE STTUS IN THIS REPORT;CHECK Filing 1 Number: CV-0000112-00 Agency State: PA Agency County: CUMBERLAND 5:PA Judgments and Liens Filings Debtor Information Name: KENDALL,BOBBY SSN: 195-28-XXXX Address: 776 BALTIMORE PIKE CUMBERLAND PA 17324-9010 Creditor Information Name: BOROUGH OF NEWVILLE .y Page 7 Filing Information Jurisdiction: PA Amount: $278.58 Filing Date: 12/2911999 Case Number: DJ-00000155-1999-HM Filing Status: UPDATES MAY BE PRESENT ELSEWHERE IN THIS REPORT:CHECK THE COURT FOR THE CURRENT STATUS :.. .. ...... ............... .................................................:Filing..1......................................................... Number: CV-0000155-99 Agency State: PA Agency County: CUMBERLAND 6: PA Judgments and Liens Filings Debtor Information Name: KENDALL,BOBBY SSN: 195-28-XXXX Address: 776 BALTIMORE PIKE CUMBERLLAND COUNTY 10 Creditor Information Name: BOROUGH OF NEWVILLE Filing Information w Jurisdiction: PA Amount: $278.58 Filing Date: 12/6/1999 Case Number: CV-00000155-1999-HM Filing Status: DISPOSED-HEARING Filing 1 Number: CV-0000155-99 Agency State: PA Agency County: CUMBERLAND w UCC Liens -1 records found 1:13A UCC LIEN FILING Debtor Information Debtor 1 Name: KENDALL,BOBBY W SSN: 195-28-XXXX Address: 7 WALNUT ST NEWVILLE,PA 17241-1521 Debtor 2 Name: KENDALL,LOUISE F SSN: 210-26-XXXX Address: 7 WALNUT ST NEWVILLE,PA 17241-1521 Secured Party Information Name: DAUPHIN DEPOSIT BK Address: 22 E KING ST 39 SHIPPENSBURG,PA 17257.1308 Filing Information Filing Jurisdiction: PENNSYLVANIA Original Filing Number: 17910716 Original Filing Date: 11/14/1989 w Type: INITIAL FILING Number: 17910716 , Page o Date 11/14;989 Expiration Date: 11/14/1904 Filing Office Information Filing Agency: SECRETARY OFSTATExUCCDIVISION Address: 302 NORTH OFFICE D0LO|NQ HARRISBURG,RA1712O ..............................Pmtentim\Relatives~..9 records foumd...'............................------ ............... .............. ............................................................................................... ............................ 1st Degree:8'2nd Degree: 1 N*. Full Name Address/Phone 1 � PIKE � — PA 17324-9010 (717)486-47 1 ~ MARIE SSN:168-34-XXXX P0 BOX 1054 CARLISLE,RA17O13-6O54 (Age:69) 45 W BALTIMORE ST CARLISLE,PA 17013-3808 (717)218-5747 1054 F30X PO CARLISLE,RA17O13 1054 PO CARLISLE,RA17O13 , 2 K�w�ALLLOU�EF ' ' 172414521 Deceased (717)776-9229 N:210-26-XXXX WALNUT ST DOB:7U931 NEVVVILLE. RA17241 (Age:81) 80 3. m' "" AKA MYERS,TAMMY M HARRISBURG, PA17n1-8S51 AKA MYERSSNOWWOLF, TAMMY PALMYR8 PA 17078-0227 ~ •AKA SNOW WOLF,TAMMY ".,~~'~.—~_.` HARRISBURG,PA 17112-2809 PO BOX 1054 CARLISLE,RAi7O13-8V5o 29 N EAST ST APT 2 ' CARLISLE PA 17013-2501 (717)258-6439 3�� ADDINGTON,TERESA A 30 FICKES RD 172*1-9461 , TERESA MARIE 717 662521 (7 17)776*301 -AKAADDINbTON MARIE 10 TIPTOP PA 17015-7741 AKA ADDINGTON THERESA 2 E MAIN ST APT 3 AKA KENNETH,AbDING- mEYYVLLE.PA1T2414i11 TON TERESA ST APT 7 AKA MYER,TERESA M MOUNT HOLLY SPRINGS,PA 170$54731 .THERESA M ~~~:~^``~ MOUNT HOLLY PA(Age:47) ' AMERICA ABSTRACT, YN'C 12,3 S Broad Street , EXHIBIT B 1 hi clel h .PA 1911 File#:2012-17409 T040 ane:,1 790-5, 7 � � Propertylnfo National Services and/or their agent has searched the Cumberland County,Pennsylvania records for the period shown relative to title to the real property described below,and provides the following title search report(TSR)for REO America Abstract Search Type:Full Foreclosure Search The search period was from 3/31/1920 to 3/23/2012 at 12:00 AM Property Address:776 Baltimore Pike,Gardners PA 17324 Seller: Bobby W.Kendall,Marie D.Myers Buyer/Borrower: HSBC Consumer Lending(USA)Inc. Title Vested In: Bobby W.Kendall Interest or Estate(Fee Simple/Leasehold): Fee Simple Derivation: Being the same property acquired by Bobby W.Kendall,by Deed recorded 06/09/1999,of record in Deed Book 201,Page 378,in the Office of the Recorder of Cumberland County,Pennsylvania. Page 1 of 3 4/4/2012 10:11:17 AM TITLE SEARCH REPORT Legal Description ALL that tract of land situate in South Middleton Township,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at an iron pin in the center of Pennsylvania Route No.94 and comer of land conveyed to Vernon R.Stoerzinger and Ida M. Stoerdnger,his wife;thence,South 81 degrees 46 minutes West,a distance of 482.95 feet along land of Vernon R.Stoeranger,et ux,to a stake and comer of lands of John Peters;thence North 09 degrees 00 minutes West,a distance of 276.40 feet to a stake and comer of lands of Grace Sheaffer,thence South 86 degrees 33 minutes 40 seconds East,a distance of 491.70 feet along lands of Grace Sheaffer to an iron pin in the center of Pennsylvania Route No.94;thence;South 08 degrees 35 minutes East,a distance of 176.08 feet along the center line of Pennsylvania Route 94 to an iron pin in the center of said road and place of BEGINNING. CONTAINING 2.352 acres and being in accordance with survey of Thomas A.Neff,Registered Surveyor,dated August 22, 1968. BEING improved with a two story dwelling house and shed. Being the same property acquired by Bobby W.Kendall,by Deed recorded 06/09/1999,of record in Deed Book 201,Page 378,in the Office of the Recorder of Cumberland County,Pennsylvania. Taxes Parcel No.:40-38-2180-008 Assessment:$171,200.00 Taxes for the year 2009-2010-2011 are delinquent in the amount of$5,431.27. Payment of all taxes,charges or assessments levied and assessed against the subject premises,which are due and payable. NOTE:please contact the necessary taxing authorities to obtain tax certifications for the status of current and prior taxes.If this is a sale, also contact the necessary authorities for water,sewer and municipal lien letters(as well as any other certificates,permits,etc.as required by the locality/municipality)to ascertain any amounts due/payable prior to closing. Additional Taxes 4 Page 2 of 3 4/4/2012 10:11:17 AM TITLE SEARCH REPORT Mortgages, Liens &Court Mortgage from Bobby W.Kendall and D.Marie Myers to Household Finance Consumer Discount Company,dated 12/06/2005,and recorded 12/09/2005,in the Cumberland County Recorder's Office at Mortgage Book Volume 1933,Page 4589,and/or Instrument No.200546440,in the original principal amount of$153,825.75. S If the above Deed of Trust(s)or Mortgage(s)secures an Equity Line/Revolving Line of Credit,then upon payoff of such,proper steps should be taken to ensure that the Company will be provided with a Full Satisfaction of Full Reconveyance for recording after payoff. Judgment filed 02/23/2012 at Docket/Case No 2012-01160 in favor of Cumberland County Tax Claim Bureau against Bobby W. Kendall in the amount of$0.00 plus any costs,attomeys'fees and interest. The following names/entities were run for Judgments and Bankruptcy.Donald Camara,Gail Camara,Gregory Rohrer,Angel Rohrer, Bobby Kendall,Robert Kendall,Marie Myers Any items that may attach to caption premises are listed above. Additional Matters of Record None found during the period searched. Abstractor Comments NOTE:Marie Myers is not vested in title,however she appears as a Mortgagor on the Mortgage to Household Finance Comsumer n Discount Company recorded @ Book 1933,Page 4589,and/or Instrument No.200546440.Title to the subject property is currently vested in the name of Bobby W.Kendall,solely,by Deed recorded 06/09/1999@ Book 201,Page 378. County Notes Tax Contact Info:Tax Claims Bureau Ph1:717.240.6366 Ph2:888.697.0371 x6366 Tax Site: http://www.ccpa.net!ndexasp?nid=2277 Notice:This report,as written(and any supplements or amendments hereto),is issued solely for use in connection with the issuance of Commitments for Title Insurance,Policies of Title Insurance,Preliminary and Final Judicial Reports,or Title Guaranties of Stewart Title Guaranty Company.This report shall not be considered,nor used as a commitment or policy of title insurance. THIS REPORT IS NOT AN ABSTRACT,EXAMINATION,REPORT,OR REPRESENTATION OF FACT OR TfrLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE,NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION.THE SOLE LIABILITY OF COMPANYAND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BYTHE CONDITIONS OF THE COMMFTMENT Page 3 of 3 4/4/2012 10:11:17 AM McCABE,WEISBERG & CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L. MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID# 87830 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID# 310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID# 57716 JOSEPH 1.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L. WUNDER,ESQUIRE-ID# 315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 w 215 790-1010 Household Finance Consumer Discount Cumberland County Company Court of Common Pleas 961 Weigel Drive Elmhurst, IL 60126 Number: 13-7429-civil Plaintiff V. D. Marie Myers 776 Baltimore Pike Gardners, Pennsylvania 17324 and Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor w and Real Owner 2178 Ritner Hwy Shippensburg, Pennsylvania 17257 and Larry W. Kendall,Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Gardens, Pennsylvania 17324 Defendants i1 J • R MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Furthermore, Pennsylvania Rule of Civil Procedure 430(b)(2) specifically provides: (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest,the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. Plaintiff has named Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall,Deceased Mortgagor and Real Owner,as Defendants in this action as known heirs of Bobby W. Kendall. However,Plaintiff has been unable to identify and/or locate additional heirs of Bobby W. Kendall. a a ' C WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2(D) directing service of the Complaint by posting,publication and by mail and further directing that all subsequent Notices and pleadings that require personal service may be served in this manner except that publication of the Notice of Sheriff's Sale by the Sheriff set forth in Pa.R.C.P 3129.2(D) is legally sufficient and Plaintiff need not republish the Notice of Sheriff's Sale. McCABE,WEISBER,yG ,& CONWAY,P.C. U BY: �_ U—/— [ ]Terrence V Mc be,Esq. [ ]Marc S. Weisberg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ] Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E.Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. [XI Jennifer L.Wunder,Esq. [ ]Lena Kravets,Esq. Attorneys for Plaintiff c n VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBERGG ,& CONWAY,P.C. BY: [ ]Terren J.WCabe,Esq. [ ]Marc S. Weisberg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ] Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ] Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. [A Jennifer L.Wunder,Esq. [ ]Lena Kravets,Esq. Attorneys for Plaintiff Household Finance Consumer Discount Company v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W.Kendall,Deceased Mortgagor and Real Owner,and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Cumberland County; C.C.P.;Number: 13-7429-civil 4 McCABE,WEISBERG & CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE-ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L. MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID# 74770 MARISA J. COHEN,ESQUIRE-ID# 87830 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T. LAMANNA,ESQUIRE-ID# 310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID# 57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P. DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L. WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID# 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Cumberland County Company Court of Common Pleas 961 Weigel Drive Elmhurst, IL 60126 Number: 13-7429-civil Plaintiff V. a D. Marie Myers 776 Baltimore Pike Gardners, Pennsylvania 17324 and Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 2178 Ritner Hwy Shippensburg, Pennsylvania 17257 and Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Gardens, Pennsylvania 17324 Defendants 4 N CERTIFICATE OF SERVICE I hereby certify that service of a true and correct copy of the Motion for Service Pursuant to Special Order of Court was made on the 10th day of January,2014 to the individual(s)named below by United States Mail, Postage Pre-Paid. ti D. Marie Myers Bobby E. Kendall, Known Surviving Heir of 776 Baltimore Pike Bobby W. Kendall, Deceased Mortgagor and Gardners, Pennsylvania 17324 Real Owner 2178 Ritner Hwy Larry W. Kendall, Known Surviving Heir of Shippensburg, Pennsylvania 17257 Bobby W. Kendall,Deceased Mortgagor and Real Owner Bobby E. Kendall, Known Surviving Heir of a 125 East Main Street Bobby W. Kendall, Deceased Mortgagor and Walnut Bottom, Pennsylvania 17226 Real Owner 776 Baltimore Pike Larry W. Kendall, Known Surviving Heir of Gardens, Pennsylvania 17324 Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Unknown Surviving Heirs of Bobby W. Gardens, Pennsylvania 17324 Kendall,Deceased Mortgagor and Real Owner 776 Baltimore Pike - Gardens, Pennsylvania 17324 McCABE,WEISBERG r& ,CONWAY,P.C. BY: - [ ]Terrenc J.Mcf9abe,Esq. [ ]Marc S.Weisberg,Esq. [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ] Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ] Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ]Celine P.DerKrikorian,Esq. [yp]Jennifer L. Wunder,Esq. [ ]Lena Kravets,Esq. Attorneys for Plaintiff McCABE,WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE-ID# 16496 MARC S. WEISBERG, ESQUIRE-ID# 17616 EDWARD D. CONWAY, ESQUIRE- ID#34687 MARGARET GAIRO,ESQUIRE- ID# 34419 ANDREW L. MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK, ESQUIRE-ID# 74770 MARISA J. COHEN, ESQUIRE- ID# 87830 CHRISTINE L. GRAHAM,ESQUIRE-ID# 309480 BRIAN T.LAMANNA,ESQUIRE-ID# 310321 ANN E. SWARTZ,ESQUIRE-ID# 201926 JOSEPH F. RIGA,ESQUIRE-ID# 57716 JOSEPH I. FOLEY,ESQUIRE- ID# 314675 CELINE P. DERKRIKORIAN, ESQUIRE-ID# 313673 JENNIFER L. WUNDER,ESQUIRE-ID# 315954 LENA KRAVETS,ESQUIRE-ID# 316421 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Cumberland County Company Court of Common Pleas 961 Weigel Drive Elmhurst, IL 60126 Number: 13-7429-civil Plaintiff v. D. Marie Myers 776 Baltimore Pike Gardners, Pennsylvania 17324 and Bobby E. Kendall, Known Surviving Heir of ' Bobby W. Kendall, Deceased Mortgagor and rn rn x r Real Owner F , 2178 Ritner Hwy .(0). w c Shippensburg, Pennsylvania 17257 m and Zip Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and "'I ' ry Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Gardens, Pennsylvania 17324 Defendants ORDER AND NOW, this 2.31 day of er.•J aA , 2014, upon consideration of Plaintiff's Motion for Service upon the Defendant, Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Pursuant to Special Order of Court, it is hereby ORDERED that pursuant to Pennsylvania Rules of Civil Procedure 430, Plaintiff may comply with the applicable service requirements by one PUBLICATION of a NOTICE of the filing of the Complaint in Cumberland County newspaper with daily circulation and by one PUBLICATION of a NOTICE of the filing of the Complaint in the Cumberland Law Journal ; by POSTING the premises 776 Baltimore Pike, South Middleton Township, Pennsylvania 17324 with a copy of the Complaint filed in the above captioned matter and by MAILING by Certified Mail, Return Receipt requested a true and correct copy of the Complaint to the premises which is the subject of the action. FURTHER, it is ORDERED that the Plaintiff may serve all subsequent Notices and pleadings, that require personal service, in the manner set forth above except that Notice of Sheriffs Sale made by the Sheriff in the manner set forth in Pa.R.C.P. 3129.2(D) is legally sufficient and Plaintiff need not re-publish. SERVICE shall be deemed effectuated and completed upon the PUBLICATION, . -el POSTING or MAILING, whichever is later. Tg r-'r= p IN) BY THE COURT: " ';-] Y tc1CL___ I 14:2L. ..- ; ll J . tatocLet_ J. ,��l�y McCABE,WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE-ID# 16496 MARC S. WEISBERG, ESQUIRE-ID# 17616 EDWARD D. CONWAY, ESQUIRE-ID#34687 ��r , MARGARET GAIRO,ESQUIRE-ID# 34419 °f'4 E t f Ct`�'r ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009 s �''° > HEIDI R. SPIVAK, ESQUIRE-ID# 74770 ' JAN 1 Pry �� 6 MARISA J. COHEN, ESQUIRE-ID# 87830 CU. 9E R CHRISTINE L. GRAHAM,ESQUIRE- ID#309480 PENNS y 'Q COUNTY BRIAN T. LAMANNA, ESQUIRE- ID#310321 ff LVANIA ANN E. SWARTZ, ESQUIRE- ID# 201926 �G JOSEPH F. RIGA,ESQUIRE-ID# 57716 JOSEPH I. FOLEY, ESQUIRE- ID# 314675 CELINE P. DERKRIKORIAN, ESQUIRE-ID# 313673 JENNIFER L. WUNDER, ESQUIRE- ID# 315954 LENA KRAVETS, ESQUIRE- ID#316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Cumberland County Company Court of Common Pleas 961 Weigel Drive Elmhurst, IL 60126 Number: 13-7429-civil Plaintiff v. D. Marie Myers 776 Baltimore Pike Gardners, Pennsylvania 17324 and Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 2178 Ritner Hwy Shippensburg, Pennsylvania 17257 and Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Gardens, Pennsylvania 17324 Defendants MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, Household Finance Consumer Discount Company, by its counsel, moves this Honorable Court for an Order directing service of the Complaint and of all subsequent notices and pleadings that require personal service,including Notice of Sheriff's Sale upon Defendant,Unknown Surviving Heirs of Bobby W.Kendall,Deceased Mortgagor and Real Owner,by mail and by posting the mortgaged premises and by publication and in support thereof, avers the following: 1. Bobby W. Kendall was an individual and is the sole record owner and mortgagor of the premises that is the subject of Plaintiff's action in Mortgage Foreclosure. 2. The premises that is subject ofthis mortgage foreclosure action is 776 Baltimore Pike, South Middleton Township, Pennsylvania 17324 and is the last-known address of the decedent. 3. Bobby W.Kendall is deceased,having departed this life on May 16,2012. No estate or administration has been opened as a result of the demise of Bobby W. Kendall. The only known heirs of Bobby W. Kendall are Bobby E. Kendall and Larry W. Kendall. Accordingly, D. Marie Myers, mortgagor, and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, have been named as Defendants to this foreclosure action. 4. Bobby E.Kendall and Larry W.Kendall are the only known surviving heirs of Bobby W.Kendall.Plaintiff retained Attorney Outsourcing Support Services,Inc.to investigate the identity of any additional heirs of Bobby W.Kendall. No additional heirs were found.An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results therefrom is attached hereto, made a part hereof and marked as Exhibit"A." 5. Plaintiff has obtained a property search of the mortgage premises which indicates that the record owner of the premises is Bobby W. Kendall. A true and correct copy of the property search is attached hereto and marked as Exhibit "B." 6. Plaintiff will never be able to personally serve the Complaint and subsequent pleadings upon the Unknown Surviving Heirs of Bobby W. Kendall,Deceased Mortgagor and Real Owner. 7. Pursuant to Pennsylvania Rule of Civil Procedure 430(b)(2),service upon Unknown Heirs may be made by publication. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2(D) directing service of the Complaint by posting,publication and by mail and further directing that all subsequent Notices and pleadings that require personal service may be served in this manner except that publication of the Notice of Sheriffs Sale by the Sheriff set forth in Pa.R.C.P 3129.2(D) is legally sufficient and Plaintiff need not republish the Notice of Sheriffs Sale. McCABE,WEISBERG '& C'ONNWAY,P.C. BY: [ ]Terrence Mc be,Esq. [ ] Marc S. Weisberg,Esq. [ ] Edward D.Conway,Esq. [ ] Margaret Gairo,Esq. [ ]Andrew L. Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ] Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ] Ann E. Swartz,Esq. [ ] Joseph F.Riga,Esq. [ ]Joseph I. Foley,Esq. [ ] Celine P.DerKrikorian,Esq. [x]Jennifer L. Wunder,Esq. [ ]Lena Kravets,Esq. Attorneys for Plaintiff Attorney Outsourcing Support Services, Inc. Suite 2050 Serving 123 S. Broad Street Connecticut, New York, EXHIBIT Philadelphia PA 19109 New Jersey, Pennsylvania, tel. (215)790-5964 Maryland, fax. (215)320-5779 Virginia, and D.C. Good Faith Investigation SUBJECT OF INVESTIGATION: Bobby Kendall DATE OF DEATH: 5/16/12 CLIENT: McCABE,WEISBERG & CONWAY,P.C. FILE#: 65275 AOSS FILE#: 12M SUBJECT'S LAST KNOWN ADDRESS: 776 Baltimore Pike, Gardners PA 17324 I, Stacey O'Connell, being duly sworn according to law, deposes and says that I completed a death investigation into the whereabouts of the above named subject and the extent of the investigation and the results are as follows: L Verification of Death 1. SOCIAL SECURITY DEATH INDEX Social Security has a record of the subject, and it states the date of death as May 16,2012. 2. OBITUARY ARCHIVE The Obituary Archive has a record of the subject. Surviving Heirs: Sons- Bobby E. Kendall and Larry W. Kendall Sisters- Vivian Swanger and Vesta Jane Zinn B. Kendall investigation page number two. H. Investigation for Estate Information 1. RESULTS FROM LETTER TO REGISTER OF WILLS Cumberland County Register of Wills has no record of the subject. HI. Investigation for Next of Kin 1. LEXIS NEXIS SEARCH Search shows subject as deceased. The date of death given is 5/16/12. Potential Relatives: Bobby E. Kendall aka Robert E. Kendall -2178 Ritner Hwy, Shippensburg PA 17257 Larry W. Kendall-125 E. Main St, Walnut Bottom PA 17266 2. CONTACT FUNERAL HOME Funeral Home not contacted due to heirs listed in the obituary . The information set forth in this Death Investigation is true and correct to the best of my knowledge and belief. BY:, TV CA(n V,4c1,A,to_ 1, ) TITLE: Location Specialist Notary Public: Sworn before me this day ,2012. COMMONWEALTH OP PENNSYLVANIA NOTARIAL SEAL Kristina M.Fox-Moulder,Notary Public City of Philadelphia,Phila.County_ My Commission Expires October 2,2018 Attorney's in Service of Process, Skip trace Searches, Tax Certifications, Bankruptcy Filing Services, Death Investigations and Sheriff Sale Notifications Bobby W. Kendall: Death Record from the Social Security Death Index (S... Page 1 of 1 1. Home 2. Social Security Death Index 3. Search Results 4. Result 1 of 1 Bobby W. Kendall: Social Security Death Index (SSDI) Death Record Name: Bobby W. Kendall State of Issue: Pennsylvania Date of Birth: Saturday 1935 Date of Death: Wednesday May 16, 2012 Est. Age at Death: 76 years, 9 months, 26 days Confirmation: Verified • In the News • Contact Us • Affiliates • Privacy Policy • Terms of Use • Site Map • Blog http://www.genealogybank.com/gbnk/ssdi/doc/ssdi/v 1:13F 13B6FCF 116C00 11/29/2012 ObitsArchive.com - newspaper obituary search - archive of obituaries and ... Page 1 of 2 ':uS2:-.ra>'^.sst-4vm^..�a::1#�:t:;,vuc.:.r..::W.>4a.`C4J`1Y,i':3`"d:'4 ixuus S::SLYSaiaS:W>�f.3h>::ii«xl2xXU..'.y1sY:.'n'.axak'.VYa�S.tixcYLS'.SFCZx[4+✓S:YY�;wrai:1:iw2'uAYYy^`v bitsDiscover Your Ancestors in Newspapers 1690-Today! archive.com ,7 7 • ji NI:ALOGYBANK (4 �- rte, a„ >� Last Name �.�+`�� `'�. z'�''r,,,v k.„ , of mAi<xiYliANK �s, 60,4,SGMA7.,:.ita,..4ee„+Y.:viz:ura=103a7,2**iMY' t7.'7:60.14ti.7ST rn e0.W.?,•71,8 w°,,,,,V.74$1•AmpxseYB:i;i:PSl hia,s,;'r. y1iGiWAW,uV `d,4'. About ObitsArchive.com Search bir.7 Saved items Thr7Search History^''\ .... ..... ........ .. ....... ......... ............ . . ..................... ...... ............. ...... . -"' advertisement SEARCHING: UNITED STATES (2995utle(s)-see alist) I hit; Name of Deceased: Publication Date: Obituary Text: 3L ARC!i: bobby kendall 12012 — By Location Name examples: Date examples: Obituary text examples: Create Custom List : • Smith • 1998 • naval academy �.O- INFORMATION • William Smith • January 2000 • school,college,church NewsLibraI' I Prices • (William OR Bill)Smith • 1987-1990 • your town/city ! FAQ Find find an obituary?Try broadening the area searched to receive more results. . new search erod toy article, .. Search Ifell event or story across the U.S. Affiliate Program Back to Results i Printer Friendly Affiliate FAQ .f Millions of full text E- Save this Article " articles Privacy fl(71iGV Thousands of Terms of use Sentinel, The(Carlisle,PA)-May 16, 2012 newspapers,nevrs- wdes,broadcasts PREPAID: 33 ___-_.._.__...__._...............................__.__..._......___..__..._____.____.__._...__....-.-.--- transcripts and Deceased Name:Bobby W.Kendall business journals Start Now Bobby W. Kendall, 76, of Shippensburg, died Wednesday, May 16, 2012, at Cumberland Crossings in Carlisle. He was born Saturday, 1935, in Lurgan Two., Franklin Co., the son of the late Arthur R. and ie E. (Cover)Kendall. He retired from Carlisle Tire and Wheel after many years of service. He is survived by two sons, Bobby E. and wife, Connie Kendall of Shippensburg and Larry W. Kendall of Walnut Bottom; and two sisters, Vivian Swanger of York Springs and Vesta Jane Zinn of Carlisle. He was preceded in death by his wife, Louise F. (Jumper) Kendall on Nov. 27, 1998. He was also preceded in death by two brothers, Dale and Doyle Kendall; and a sister, Janet Vanscyoc. Professional services are being handled by Dugan Funeral Home and Crematory, Inc. Funeral Services will be held at 2 p.m., Saturday May 19 at Dugan Funeral Home and Crematory, 51 Asper Dr., Shippensburg with Pastor Brother Earl Stover officiating. A viewing will be held on Saturday from 1 p.m. until time of services. Friends may express online condolences at www.DuganFH.com. Sentinel, The(Carlisle,PA) Date:May 16, 2012 Record Number:29cba75da594121be59a48579173bb6d 14c1625 Copyright©2012 The Sentinel-cumberlink.com, 457 E North Street Carlisle, PA, All rights reserved. Back to Results I Printer Friendly http://www.obitsarchi ve.com/oa-search/we/Archives?p_action=doc&p_do... 11/29/2012 Glenda Earner Strasbaugh Register of Wills& „c4,"„0 Clerk of Orphans'Court One Courthouse Square z Carlisle, PA 17013 Marjorie A. Wevodau t") First Deputy Phone: 1-888-697-0371 x 6345 1-7so 717-240-6345 Kirk S. Sohonage,Esq. Fax: 1-888-697-0371 x 7797 Solicitor OFFICES OF Register of Wills and Clerk of the Orphans' Court County of Cumberland RESPONSE TO RESEARCH REQUEST November 26, 2012 r AN ESTATE WAS LOCATED Decedent Name: Estate No.: Date Filed: Date Granted: Personal Representative: Address: City, State, Zip: Attorney Name: Address: City, State, Zip: Telephone: NO RECORD OF PROBATE [-I NEED MORE INFORMATION TO CONDUCT SEARCH FEE REQUIRED. Please forward a check in the amount of$4 per name to be searched. Make check payable to Register of Wills and included a self-addressed stamped envelope. Fq YOUR RECEIPT IS ENCLOSED. Ak. ge COMMENTS: NO ESTATE FOUND FOR BOBBY KENDALL NOTE: The fee to file a claim against an estate is $10. See our website for the Notice of Claim form. (www.ccpa.net - search for Notice of Claim) Page 1 1 OF 1 RECORD(S) FOR INFORMATIONAL PURPOSES ONLY Copyright 2012 LexisNexis a division of Reed Elsevier Inc.All Rights Reserved. .Address. ..., ..... Phone.. ..... ... . ... _ ... _...Full Name......... .... G _._ .. ... . . KENDALL SR, BOBBY W 2178 WIRER HWY (717)776-7056 CUMBERLAND OUNTY 17257-9756 ADDITIONAL PERSONAL INFORMATION SSN DOB Gender LexID(sm) 195-28-XXXX 711936 001374470212 (Would be:76) . Deceased (Date of Death:5/16/2012) Subject Summary Name Variations 1: BOBBY,KENDALL 2: KENDALL,BOBBIE 3: KENDALL,BOBBIE W 4: KENDALL,BOBBY 5: KENDALL SR,BOBBY W 6: KENNALL,BOBBY E 7: MYERS,BOBBY 8: MYERS SR,BOBBY W 9: MYERS, BOBBY W SSNs Summary No. SSN State Iss. Date Iss. Warnings Most frequent SSN attributed to subject: 1: 195-28-XXXX Pennsylvania 1952-1955 Deceased ik Other reported SSNs: 1: 195-78-XXXX Pennsylvania 1999-2002 A Deceased DOBs Reported DOBs: 7/1936 7/1935 Others Using SSN -1 records found SSN DOB # Full Name 1: GOODWORTH,THOMAS L 195-28-XXXX 6/1938 Li Deceased Address Summary-6 records found No. Address 1: 2178 RITNER HWY CUMBERLAND COUNTY 17257-9756 2: 776 BALTIMORE PIKE GARDNERS,PA 17324-9010 Page 2 CUMBERLAND COUNTY 3: PO BOX 1054 CARLISLE, PA 17013-6054 CUMBERLAND COUNTY 4: 7 WALNUT ST NEWVILLE PA 17241-1521 CUMBERLAND COUNTY.... . 5: 776 776 BALTIMORE GARDNERS,PA 17324 ADAMS COUNTY 6: WALNUT ST CUMBERLLAND COUNTY Address Details 1: 2178 RITNER HWY SHIPPENSBURG,PA 17257-9756 Address Dates Phone 2178 RITNER HWY 9/1994- (717)776-7056 SHIPPENSBURG,PA 17257-9756 10/2012 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age:40 Median Income:$70,736 Median Home Value:$160,750 Median Education: 13 years Household Members KENDALL, BOBBY EUGENE KENDALL, CONNIE MAY Other Associates None Listed 2: 776 BALTIMORE PIKE GARDNERS,PA 17324-9010 Address Dates Phone 776 BALTIMORE PIKE 9/1991 -6/2012 (717)486-4713 GARDNERS, PA 17324-9010 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age:44 Median Income:$61,659 Median Home Value:$105,449 Median Education: 12 years Household Members KENDALL, DMARIE MYERS, DOROTHY MARIE MYERS, ROBERT TODD Other Associates None Listed 3:PO BOX 1054 CARLISLE,PA 17013-6054 Address Dates Phone PO BOX 1054 8/1999-5/2011 CARLISLE,PA 17013-6054 Page 3 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age:37 Median Income:$44,643 Median Home Value:$97,250 Median Education: 13 years Household Members MYERS,DOROTHY MARIE MYERS,TAMMY M Other Associates • None Listed 4:7 WALNUT ST NEWVILLE,PA 17241-1521 Address Dates Phone 7 WALNUT ST 2/1987-5/2006 (717)776-9229 NEWVILLE PA 17241-1521 CUMBERLAND COUNTY Census Data for Geographical Region Median Head of Household Age:39 Median Income:$51,818 Median Home Value:$128,935 Median Education: 13 years Household Members KENDALL,LARRY WAYNE KENDALL, LOUISE F Other Associates None Listed 5:776 776 BALTIMORE GARDNERS,PA 17324 Address Dates Phone 776 776 BALTIMORE 3/2002-3/2002 GARDNERS,PA 17324 ADAMS COUNTY Census Data for Geographical Region Median Head of Household Age:39 Median Income:$67,500 Median Home Value: $134,286 Median Education: 13 years Household Members None Listed Other Associates None Listed 6:WALNUT ST NEWVILLE,PA 17241 Address Dates Phone WALNUT ST NEWVILLE PA 17241 CUMBERLAND COUNTY Household Members KENDALL,LOUISE F Other Associates None Listed Page 4 Driver Licenses -1 records found 1: Pennsylvania Driver License Driver Information Name: KENDALL,BOBBIE W Address: WALNUT ST NEWVILLE PA 17241 CUMBERLAND .COUNTY.. ... . . .. . ..._......... Data source: Non-Governmental:PA Personal Information SSN: 195-28-XXXX DOB: 07/1936 Additional Driver Information DOB: 07/1936 Real Property -3 records found 1: Assessment Record for CUMBERLAND County, PA Owner Information Name: KENDALL,BOBBY W Address: 776 BALTIMORE PIKE GARDNERS,PA 17324-9010 County/FIPS: CUMBERLAND Property Information Address: 776 BALTIMORE PIKE GARDNERS, PA 17324-9010 County/FIPS: CUMBERLAND Data Source: B Legal Information Assessor's Parcel Number: 40-38-2180-008 Recording Date: 06/09/1999 Book/Page: 201/378 Sale Information Sale Price: $115000 Assessment Information Assessed Value: $171200 2:Assessment Record for CUMBERLAND County, PA Owner Information Name: KENDALL,BOBBIE&LOUISE Address: 7 WALNUT ST NEWVILLE,PA 17241-1521 County/FIPS: CUMBERLAND Property Information Address: 7 WALNUT ST NEWVILLE,PA 17241-1521 County/FIPS: CUMBERLAND Data Source: B Legal Information Assessor's Parcel Number: 28-21-0361-101 Assessment Information Assessed Value: $101390 3: Deed Record for CUMBERLAND County Buyer Information Name: KENDALL,BOBBY W Seller Information Page 5 Name: GREGORY G ROHRER Property Information Address: 7 WALNUT ST NEWVILLE, PA 17241-1521 County/FIPS: CUMBERLAND Data Source: B Legal Information Assessor's Parcel Number: 28-21-0361-101 Contract Date: 05/24/1999 Recording Date: 06/09/1999 Book/Page: 201/378 Sale Information Sale Price: $115000 Judgments/Liens-6 records found 1: PA Judgments and Liens Filings Debtor Information Name: KENDALL,BOBBY SSN: 195-28-XXXX Address: GARDNERS,PA P1324-9010 CUMBERLAND COUNTY Creditor Information Name: BOROUGH OF NEWVILLE Filing Information Jurisdiction: PA Amount: $435.87 Filing Date: 10/9/2001 Case Number: JC-00005842-2001- Release Date: 4/17/2002 Filing Status: SATISFIED Filing 1 Number: 2001-05842 Type: JUDGMENT Agency: PROTHONOTARIES'OFFICES IN ALL COUNTIES Agency State: PA Agency County: CUMBERLAND 2: PA Judgments and Liens Filings Debtor Information Name: KENDALL, BOBBY SSN: 195-28-XXXX Address: 776 BALTIMORE PIKE CUMBERLAND COUNTY 10 Creditor Information Name: BOROUGH OF NEWVILLE Filing Information Jurisdiction: PA Amount: $355.37 Filing Date: 10/27/2000 Case Number: DJ-00000112-2000-HM Filing Status: UPD TS M FTEWHERE IN THIS REPORT;CHECK OR PRESENT STATUS Filing 1 Page 6 Number: CV-0000112-00 Agency State: PA Agency County: CUMBERLAND 3: PA Judgments and Liens Filings Debtor Information Name: KENDALL,BOBBY SSN:.195-28-XXXX ... ... ... ... Address: 776 BALTIMORE PIKE GARDNERS, PA 17324-9010 CUMBERLAND COUNTY Creditor Information Name: BOROUGH OF NEWVILLE Filing Information Jurisdiction: PA Amount: $355 Filing Date: 9/8/2000 Eviction N Filing 1 Number: CV000011200 Type: CIVIL NEW FILING Agency: CUMBERLAND CNTY DIST JUSTICE 9-3-02 Agency State: PA Agency County: CUMBERLAND 4:PA Judgments and Liens Filings Debtor Information Name: KENDALL,BOBBY SSN: 195-28-XXXX Address: 776 BALTIMORE PIKE GARDNERS, PA 17324-9010 CUMBERLAND COUNTY Creditor Information Name: BOROUGH OF NEWVILLE Filing Information Jurisdiction: PA Amount: $355.37 Filing Date: 9/8/2000 Case Number: CV-00000112-2000-HM Filing Status: UPDATES TES M FOR BE CURRENT ELSEWHERE IN THIS REPORT;CHECK Filing 1 Number: CV-0000112-00 Agency State: PA Agency County: CUMBERLAND 5: PA Judgments and Liens Filings Debtor Information Name: KENDALL,BOBBY SSN: 195-28-XXXX Address: 776 BALTIMORE PIKE CUMBERLAND COUNTY010 Creditor Information Name: BOROUGH OF NEWVILLE Page 7 Filing Information Jurisdiction: PA Amount: $278.58 Filing Date: 12/29/1999 Case Number: DJ-00000155-1999-HM Filing Status: UPDATES MAY BE PRESENT ELSEWHERE IN THIS REPORT;CHECK THE COURT FOR THE CURRENT STATUS Filing 1... ...... ... Number: CV-0000155-99 Agency State: PA Agency County: CUMBERLAND 6: PA Judgments and Liens Filings Debtor Information Name: KENDALL,BOBBY SSN: 195-28-XXXX Address: 776 BALTIMORE PIKE GARDNERS,PA 17324-9010 CUMBERLAND COUNTY Creditor Information Name: BOROUGH OF NEWVILLE Filing Information Jurisdiction: PA Amount: $278.58 Filing Date: 12/6/1999 Case Number: CV-00000155-1999-HM Filing Status: DISPOSED-HEARING Filing 1 Number: CV-0000155-99 Agency State: PA Agency County: CUMBERLAND UCC Liens-1 records found 1:PA UCC LIEN FILING Debtor Information Debtor 1 Name: KENDALL, BOBBY W SSN: 195-28-XXXX Address: 7 WALNUT ST NEWVILLE,PA 17241-1521 Debtor 2 Name: KENDALL,LOUISE F SSN: 210-26-XXXX Address: 7 WALNUT ST NEWVILLE,PA 17241-1521 Secured Party Information Name: DAUPHIN DEPOSIT BK Address: 22 E KING ST 39 SHIPPENSBURG,PA 17257-1308 Filing Information Filing Jurisdiction: PENNSYLVANIA Original Filing Number: 17910716 Original Filing Date: 11/14/1989 Type: INITIAL FILING Number: 17910716 Page 8 Date: 11/14/1989 Expiration Date: 11/14/1994 Filing Office Information Filing Agency: SECRETARY OF STATE/UCC DIVISION Address: 302 NORTH OFFICE BUILDING HARRISBURG,PA 17120 Potential Relatives 9 records found . . ... . .._.... . 1st Degree:8,2nd Degree: 1 No. Full Name Address/Phone 1. MYERS DOROTHY MARIE 776 BALTIMORE PIKE •AKA MYERS,MARIE D GARDNERS,PA 17324-9010 •AKA MYERS DMARIE (717)486-4713 •AKA D MYERS, MARIE D SSN:168-34-XXXX PO BOX 1054 DOB:7/1943 CARLISLE, PA 17013-6054 (Age:69) 45 W BALTIMORE ST CARLISLE PA 17013-3808 (717)218-5747 436-9580 1054 BOX PO CARLISLE, PA 17013 1054 PO CARLISLE,PA 17013 2, KENDALL,LOUISE F NEWVILLE,PA 17241-1521 A Deceased (717)776-9229 N:210-26-XXXX WALNUT ST DOB:7/1931 NEWVILLE, PA 17241 (Age:81) 3, MYERS TAMMY M 118 B LN UNIT 60 ••AKA MYERS MYERS, OLF, HARRISBURG,PA 17111-3951 TAMMY PO BOX 227 •AKA MYERS,TAMMY SNOW PALMYRA, PA 17078-0227 •AKA SNOW WOLF,TAMMY •AKA SNOWWOLF,TAMMY M 4117 BEECHWOOD LN APT K SSN:207-60-XXXX HARRISBURG,PA 17112-2809 PO BOX 1054 CARLISLE, PA 17013-6054 29 N EAST ST APT 2 C R)ISLLEb43A 17013-2561 3.A. ADDINGTON,TERESA A 30 FICKES RD •AKA ADDINGTON, NEWVILLE,PA 17241-9461 TERESA MARIE 717 966-2521 ••AKA MYERS'THERESA MARIE 47173 776-0301 •AKA ADDINGTON MARIE 10 TIPTOP CIR •AKA MEYERS TERESA M CARLISLE, PA 17015-7741 •AKA ADDINGTON,TERI •AKA ADDINGTON THERESA 2 E MAIN ST APT 3 •AKA KENNETH,ADDING- NEWVILLE,PA 17241-1111 TON TERESA •AKA MYER,TERESA M 20 EAST ST APT 7 TERSA••AKA MEYERS THERESA M MOUNT HOLLY SPRINGS, PA 17065-1731 D0e: MOUNT HOLLY SPRINGS,47 )27 S R S,PA 17065-1330 (Age:47) REO AMERICA ABSTRACT, CEXHIBIT B Philadelphia,PA. 19109 File#:2012-17409 Telephone:215-790-5977 Fax: 215-689-4378 Propertylnfo National Services and/or their agent has searched the Cumberland County,Pennsylvania records for the period shown relative to title to the real property described below,and provides the following title search report(TSR)for REO America Abstract Search Type:Full Foreclosure Search The search period was from 3/31/1920 to 3/23/2012 at 12:00 AM Property Address:776 Baltimore Pike,Gardners PA 17324 Seller: Bobby W.Kendall,Marie D.Myers Buyer/Borrower: HSBC Consumer Lending(USA)Inc. Title Vested In: Bobby W.Kendall Interest or Estate(Fee Simple/Leasehold): Fee Simple Derivation: Being the same property acquired by Bobby W.Kendall,by Deed recorded 06/09/1999,of record in Deed Book 201,Page 378,in the Office of the Recorder of Cumberland County,Pennsylvania. Page 1 of 3 4/4/2012 10:11:17 AM TITLE SEARCH REPORT Legal Description ALL that tract of land situate in South Middleton Township,Cumberland County,Pennsylvania,bounded and described as follows: BEGINNING at an iron pin in the center of Pennsylvania Route No.94 and corner of land conveyed to Vernon R.Stoerzinger and Ida M. Stoerzinger,his wife;thence,South 81 degrees 46 minutes West,a distance of 482.95 feet along land of Vernon R.Stoerzinger,et ux,to a stake and corner of lands of John Peters;thence North 09 degrees 00 minutes West,a distance of 276.40 feet to a stake and corner of lands of Grace Sheaffer;thence South 86 degrees 33 minutes 40 seconds East,a distance of 491.70 feet along lands of Grace Sheaffer to an iron pin in the center of Pennsylvania Route No.94;thence;South 08 degrees 35 minutes East,a distance of 176.08 feet along the center line of Pennsylvania Route 94 to an iron pin in the center of said road and place of BEGINNING. CONTAINING 2.352 acres and being in accordance with survey of Thomas A.Neff,Registered Surveyor,dated August 22, 1968. BEING improved with a two story dwelling house and shed. Being the same property acquired by Bobby W.Kendall,by Deed recorded 06/09/1999,of record in Deed Book 201,Page 378,in the Office of the Recorder of Cumberland County,Pennsylvania. Taxes Parcel No.:40-38-2180-008 Assessment:$171,200.00 Taxes for the year 2009-2010-2011 are delinquent in the amount of$5,431.27. Payment of all taxes,charges or assessments levied and assessed against the subject premises,which are due and payable. NOTE:please contact the necessary taxing authorities to obtain tax certifications for the status of current and prior taxes.If this is a sale, also contact the necessary authorities for water,sewer and municipal lien letters(as well as any other certificates,permits,etc.as required by the locality/municipality)to ascertain any amounts due/payable prior to closing. Additional Taxes Page 2 of 3 4/4/2012 10:11:17 AM TITLE SEARCH REPORT Mortgages, Liens &Court Mortgage from Bobby W.Kendall and D.Marie Myers to Household Finance Consumer Discount Company,dated 12/06/2005,and recorded 12/09/2005,in the Cumberland County Recorder's Office at Mortgage Book Volume 1933,Page 4589,and/or Instrument No.200546440,in the original principal amount of$153,825.75. If the above Deed of Trust(s)or Mortgage(s)secures an Equity Line/Revolving Line of Credit,then upon payoff of such,proper steps should be taken to ensure that the Company will be provided with a Full Satisfaction of Full Reconveyance for recording after payoff. Judgment filed 02/23/2012 at Docket/Case No 2012-01160 in favor of Cumberland County Tax Claim Bureau against Bobby W. Kendall in the amount of$0.00 plus any costs,attorneys'fees and interest. The following names/entities were run for Judgments and Bankruptcy:Donald Camara,Gail Camara,Gregory Rohrer,Angel Rohrer, Bobby Kendall,Robert Kendall,Marie Myers Any items that may attach to caption premises are listed above. Additional Matters of Record None found during the period searched. Abstractor Comments NOTE:Marie Myers is not vested in title,however she appears as a Mortgagor on the Mortgage to Household Finance Comsumer Discount Company recorded @ Book 1933,Page 4589,and/or Instrument No.200546440.Title to the subject property is currently vested in the name of Bobby W.Kendall,solely,by Deed recorded 06/09/1999@ Book 201,Page 378. County Notes Tax Contact Info:Tax Claims Bureau Ph1:717.240.6366 Ph2:888.697.0371 x6366 Tax Site: http://www.ccpa.net/indexasp?nid=2277 Notice:This report,as written(and any supplements or amendments hereto),is issued solely for use in connection with the issuance of Commitments for Title Insurance,Policies of Title Insurance,Preliminary and Final Judicial Reports,or Title Guaranties of Stewart Title Guaranty Company.This report shall not be considered,nor used as a commitment or policy of title insurance. THIS REPORT IS NOT AN ABSTRACT,EXAMINATION,REPORT,OR REPRESENTATION OF FACT OR TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE,NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION.THE SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BYTHE CONDITIONS OF THE COMMITMENT Page 3 of 3 4/4/2012 10:11:17 AM McCABE,WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE- ID# 34687 MARGARET GAIRO, ESQUIRE-ID#34419 ANDREW L. MARKOWITZ, ESQUIRE-ID#28009 HEIDI R. SPIVAK, ESQUIRE- ID# 74770 MARISA J. COHEN, ESQUIRE-ID# 87830 CHRISTINE L. GRAHAM,ESQUIRE-ID# 309480 BRIAN T. LAMANNA, ESQUIRE-ID# 310321 ANN E. SWARTZ, ESQUIRE- ID# 201926 JOSEPH F. RIGA,ESQUIRE-ID# 57716 JOSEPH I. FOLEY, ESQUIRE-ID#314675 CELINE P. DERKRIKORIAN, ESQUIRE-ID#313673 JENNIFER L. WUNDER, ESQUIRE-ID# 315954 LENA KRAVETS, ESQUIRE-ID# 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 Household Finance Consumer Discount Cumberland County Company Court of Common Pleas 961 Weigel Drive Elmhurst, IL 60126 Number: 13-7429-civil Plaintiff v. D. Marie Myers 776 Baltimore Pike Gardners, Pennsylvania 17324 and Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 2178 Ritner Hwy Shippensburg, Pennsylvania 17257 and Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Gardens, Pennsylvania 17324 Defendants MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Furthermore, Pennsylvania Rule of Civil Procedure 430(b)(2) specifically provides: (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest,the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. Plaintiff has named Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall,Deceased Mortgagor and Real Owner,as Defendants in this action as known heirs of Bobby W.Kendall. However,Plaintiff has been unable to identify and/or locate additional heirs of Bobby W. Kendall. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2(D) directing service of the Complaint by posting,publication and by mail and further directing that all subsequent Notices and pleadings that require personal service may be served in this manner except that publication of the Notice of Sheriff's Sale by the Sheriff set forth in Pa.R.C.P 3129.2(D) is legally sufficient and Plaintiff need not republish the Notice of Sheriff's Sale. McCABE,WEISBERGG& CONWAY,A P.C. BY: /�a , (/u [ ]Terrence Mc be,Esq. [ ]Marc S. Weisberg,Esq. [ ]Edward D. Conway,Esq. [ ] Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. [ ] Marisa J.Cohen,Esq. [ ]Christine L. Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz, Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I. Foley,Esq. [ ] Celine P.DerKrikorian,Esq. [X]Jennifer L. Wunder,Esq. [ ] Lena Kravets,Esq. Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBERGG & CONWAY,P.C. BY: U" [ ]Terren J. Cabe,Esq. [ ] Marc S. Weisberg,Esq. [ ] Edward D. Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ] Heidi R. Spivak,Esq. [ ]Marisa J.Cohen,Esq. [ ] Christine L.Graham,Esq. [ ]Brian T.LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. [x,] Jennifer L.Wunder,Esq. [ ] Lena Kravets,Esq. Attorneys for Plaintiff Household Finance Consumer Discount Company v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W.Kendall,Deceased Mortgagor and Real Owner,and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Cumberland County; C.C.P.;Number: 13-7429-civil McCABE,WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE, ESQUIRE- ID# 16496 MARC S. WEISBERG, ESQUIRE-ID# 17616 EDWARD D. CONWAY, ESQUIRE- ID# 34687 MARGARET GAIRO, ESQUIRE-ID#34419 ANDREW L. MARKOWITZ, ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE- ID# 74770 MARISA J. COHEN,ESQUIRE-ID# 87830 CHRISTINE L. GRAHAM, ESQUIRE-ID# 309480 BRIAN T. LAMANNA, ESQUIRE-ID# 310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA, ESQUIRE-ID# 57716 JOSEPH I. FOLEY, ESQUIRE- ID# 314675 CELINE P. DERKRIKORIAN,ESQUIRE-ID# 313673 JENNIFER L. WUNDER,ESQUIRE-ID# 315954 LENA KRAVETS, ESQUIRE-ID#316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 Household Finance Consumer Discount Cumberland County Company Court of Common Pleas 961 Weigel Drive Elmhurst, IL 60126 Number: 13-7429-civil Plaintiff v. D. Marie Myers 776 Baltimore Pike Gardners, Pennsylvania 17324 and Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 2178 Ritner Hwy Shippensburg, Pennsylvania 17257 and Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Gardens, Pennsylvania 17324 Defendants CERTIFICATE OF SERVICE I hereby certify that service of a true and correct copy of the Motion for Service Pursuant to Special Order of Court was made on the 10th day of January,2014 to the individual(s)named below by United States Mail, Postage Pre-Paid. D. Marie Myers Bobby E. Kendall, Known Surviving Heir of 776 Baltimore Pike Bobby W. Kendall, Deceased Mortgagor and Gardners, Pennsylvania 17324 Real Owner 2178 Ritner Hwy Larry W. Kendall, Known Surviving Heir of Shippensburg, Pennsylvania 17257 Bobby W. Kendall, Deceased Mortgagor and Real Owner Bobby E. Kendall, Known Surviving Heir of 125 East Main Street Bobby W. Kendall, Deceased Mortgagor and Walnut Bottom, Pennsylvania 17226 Real Owner 776 Baltimore Pike Larry W. Kendall, Known Surviving Heir of Gardens, Pennsylvania 17324 Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Unknown Surviving Heirs of Bobby W. Gardens, Pennsylvania 17324 Kendall,Deceased Mortgagor and Real Owner 776 Baltimore Pike Gardens, Pennsylvania 17324 McCABE,WEISBERG& CONWAY,P.C. BY: V`' [ ]Terrenc J.Mc abe,Esq. [ ]Marc S. Weisberg,Esq. [ ]Edward D. Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ] Heidi R. Spivak,Esq. [ ] Marisa J.Cohen,Esq. [ ] Christine L. Graham,Esq. [ ] Brian T. LaManna,Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F.Riga,Esq. [ ] Joseph I. Foley,Esq. [ ] Celine P.DerKrikorian,Esq. [u] Jennifer L. Wunder,Esq. [ ] Lena Kravets,Esq. Attorneys for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson 1-,LED-OF ICL" Sheriff ,r;�- L. Ti HE PRCl7HO'#DTAR' F �str o9 �::ar�iatz�� Jody S Smithfi . Chief Deputy 20!4 JAN 24 A Richard W Stewart CURSE&AND C @UNT`{ Solicitor PENNSYLVANIA Household Finance Consumer Discount Co. vs. Case Number D Marie Myers (et al.) 2013-7429 SHERIFF'S RETURN OF SERVICE 12/23/2013 02:20 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: D Marie Myers, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 776 Baltimore Pike, South Middleton, Gardners, PA 17324. Residence is vacant. Per the Postmaster the defendant now resides at 70 N. Corporation Street, Newville, PA 17241. 12/26/2013 12:46 PM- Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Reberta Dellinger, who accepted as"Adult Person in Charge"for Larry W Kendall at 125 East Main Street, South Newton, Walnut Bottom, PA 17226. S A UTSHALL, DEPUTY 01/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Unknown Surviving Heris of Bobby W. Kendall, Deceased Mortgagor, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 776 Baltimore Pike, South Middleton, Gardners, PA 17324. Residence is vacant. 01/14/2014 05:48 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by"drop service"to a person representing themselves to be the Defendant, to wit: Bobby E Kendall at 2178 Ritner Highway, South Newton, Shippensburg, PA 17257. Defendant refused service but did identify himself as the defendant, physical description: 5'8", brown hair, approximately 50 years old. JASON KINSIfEg, DEPUTY 01/15/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: D Marie Myers, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 70 Corporation St., Newville, PA 17241. Deputies spoke to residents at 78 N. Corporation Street, but they were unable to verify if any of the other trailers was 70 N. Corporation Street and they are not marked with the address on them. SHERIFF COST: $137.02 SO ANSWERS, January 15, 2014 RON ~ R ANDERSON, SHERIFF McCABE,WEISBERG & CONWAY, P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 C) BRIAN T.LAMANNA,ESQUIRE-ID#310321 - 3 ANN E. SWARTZ,ESQUIRE-ID#2019261-11 r ` JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 -cryC�' Cti cp CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 -- JENNIFER JENNIFER L.WUNDER,ESQUIRE-ID#315954 > - ' 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215) 790-1010 cr; Household Finance Consumer Discount Cumberland County Company Court of Common Pleas Plaintiff v. Number 13-7429-civil D. Marie Myers,Bobby E. Kendall,Known Surviving Heir of Bobby W.Kendall,Deceased Mortgagor and Real Owner,Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above-captioned matter. McCABE,WEISBERG AND CONWAY,,P.C. !! 795%-i41t BY: 4' Q [ ]Terrence J.McCabe,Esq. [Marc S.Weisberg,Esq. C g,-41 .2,07'1'3 T [ ]Edward D.Conway,Esq. [ ]Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ]Heidi R. Spivak,Esq. 31j�3 [ ]Marisa J. Cohen,Esq. [ ]Christine L.Graham,Esq. l� [ ]Brian T. LaManna,Esq. [ ]Ann E. Swartz,Esq. [ ]Joseph F.Riga,Esq. [ ]Joseph I.Foley,Esq. [ ] Celine P.DerKrikorian,Esq. [ ]Jennifer L.Wunder,Esq. Attorneys for Plaintiff 'Q!'r' 17111',:11;',31:1„4";,31, ii 1(.' j;i PENNSYLVANIA CUMEERLA'diD COUNT'' McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Household Finance Consumer Discount Company Cumberland County Plaintiff Court of Common v. Pleas Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Number 13-7429-civil Owner, Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner and D. Marie Myers Defendants MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant,Bobby E. Kendall,Known Surviving Heir of Bobby W. Kendall,Deceased Mortgagor and Real Owner,at his/her last-known address of 2178 Ritner Hwy, Shippensburg, PA 17257. The process server was not able to serve the Defendant because the defendant refused service. Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, D. Marie Myers, at his/her last-known address of 70 N. Corporation Street,Newville,PA 17241. The process server was not able to serve the Defendant because the defendant was not found. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit"A". 2. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendants' mortgaged property of 776 Baltimore Pike, South Middleton Township, Pennsylvania 17324. The process server was not able to serve the Defendants because the property is vacant. True and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof, and marked as Exhibit`B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 430,Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendants and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C". 4. As a result of the investigation,a special Order of Court is required permitting service by regular and certified mail at the Defendants' last-known address and by posting a copy of the original process on the mortgaged premises. 5. No judge has ruled upon any other issue in this matter or in any related matter. 6. No attorney has entered an appearance in this matter on behalf of Defendants and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. 7. If service cannot be made on the Defendants, Bobby E. Kendall, Known Surviving Heir of Bobby W.Kendall,Deceased Mortgagor and Real Owner and D.Marie Myers,the Plaintiff will be prejudiced. WHEREFORE,Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale,upon the Defendants,Bobby E. Kendall,Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and D. Marie Myers, by regular mail;certified mail,return receipt requested,and by posting at the last-known address of Defendants and the mortgaged premises known in this herein action as 776 Baltimore Pike, South Middleton Township, Pennsylvania 17324. McCABE,WEISBERG AND CONWAY,P.C. BY: C-e—f7—..e [ ]Terrence J.McCabe,Esquire [ ]Marc S. Weisberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ristine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ] Joseph I.Foley,Esquire [ ] Celine P.DerKrikorian,Esquire [ ]Jennifer L.Wunder,Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Household Finance Consumer Discount Company Cumberland Plaintiff County v. Court of Common Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Pleas Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Unknown Surviving Heirs of Bobby W. Kendall, Deceased Number Mortgagor and Real Owner and D. Marie Myers 13-7429-civil Defendants MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise,the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. McC ,W ISBERG ANJ CONWAY,P.C. BY: ]Terrence J.McCabe,Esquire di ] arc S. Weisberg,Esquire [ ]Edward D.Conway,Esquire ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [/f Christine L. Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ] Joseph I. Foley,Esquire [ ]Celine P.DerKrikorian,Esquire [ ]Jennifer L.Wunder,Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID#34419 ANDREW L.MARKOWITZ,ESQUIRE-ID#28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 JENNIFER L.WUNDER,ESQUIRE-ID#315954 LENA KRAVETS,ESQUIRE-ID#316421 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 Household Finance Consumer Discount Company Cumberland County Plaintiff Court of Common Pleas v. Bobby E.Kendall,Known Surviving Heir of Bobby W.Kendall,Deceased Mortgagor and Real Owner, Larry W.Kendall,Known Surviving Heir of Bobby W.Kendall,Deceased Mortgagor and Real Owner, Number 13-7429-Civil Unknown Surviving Heirs of Bobby W.Kendall,Deceased Mortgagor and Real Owner and D.Marie Myers Defendants CERTIFICATION OF SERVICE The undersigned attorney for the Plaintiff hereby certifies that he/she served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 18th day of February, 2014, upon the following: Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 2178 Ritner Hwy Shippensburg, PA 17257 D. Marie Myers 70 N. Corporation Street Newville, PA 17241 McCE,WEISBERG A�TD ONWAY,P.C. BY: d�� [ ]Terrence J.McCabe,Esquire [ ]Marc S. Weisberg,Esquire [ ]Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ] eidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ] Celine P.DerKrikorian,Esquire [ ]Jennifer L. Wunder,Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative,who is out of this jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE,WEISBERG AND CONWAY,P.C. BY: mil; _ aws. [ ]Terrence J.McCabe,Esquire a)]Marc S.Weisberg,Esquire [ ]Edward D. Conway,Esquire ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ] eidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ f Christine L. Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ]Celine P.DerKrikorian,Esquire [ ]Jennifer L.Wunder,Esquire [ ]Lena Kravets,Esquire Attorneys for Plaintiff Household Finance Consumer Discount Company v.Bobby W.Kendall,Bobby E.Kendall,Known Surviving Heir of Bobby W.Kendall,Deceased Mortgagor and Real Owner,Larry W.Kendall,Known Surviving Heir of Bobby W. Kendall,Deceased Mortgagor and Real Owner,Unknown Surviving Heirs of Bobby W.Kendall,Deceased Mortgagor and Real Owner and D.Marie Myers Cumberland County;CCP;Number 13-7429-civil File Number: 65275 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4,0 otv tat iwtt�rrtrw Jody S Smith Chief Deputy w $ Richard W Stewart f Solicitor artrEr+ 4445 * Household Finance Consumer Discount Co. Case Number vs. 2013-7429 D Marie Myers (et al.) SHERIFF'S RETURN OF SERVICE 12/23/2013 02:20 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: D Marie Myers, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 776 Baltimore Pike, South Middleton, Gardners, PA 17324. Residence is vacant. Per the Postmaster the defendant now resides at 70 N. Corporation Street, Newville, PA 17241. 12/26/2013 12:46 PM-Deputy Shawn Gutshall, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Reberta Dellinger,who accepted as"Adult Person in Charge"for Larry W Kendall at 125 East Main Street, South Newton,Walnut Bottom, PA 17226. S. ^ UTSHALL, DEPUTY 01/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search arid inquiry for the within named Defendant to wit: Unknown Surviving Heris of Bobby W. Kendall, Deceased Mortgagor,but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 776 Baltimore Pike, South Middleton, Gardners, PA 17324. Residence is vacant. 05:48 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Ms •a•e Foreclosure b "dr•• s-. -" • a •erson -. - -• '-- •-•• - - • •- s- ■- --- • • .it: JASO KINSCE. , DEPUTY 01/15/2014 Ronny R Anderson, Sheriff, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: D Marie Myers, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 70 Corporation St., Newville, PA 17241. Deputies spoke to residents at 78 N.Corporatibn Street, but they were unable to verify if any of the other trailers was 70 N, Corporation S eet andthey,are,not marked with the aqklresss, on them, SHERIFF COST: $137.02 SO ANSWERS, January 15, 2014 RONNR ANDERSON, SHERIFF c)CouniySuil.Sheriff,Toleosott Inc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t/a Jody S Smith Chief Deputys t Richard W Stewart Solicitor E Th rtf4C4, Household Finance Consumer Discount Co. Case Number vs, 2013-7429 D Marie Myers(et al.) SHERIFF'S RETURN OF SERVICE 12/23/2013 02:20 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: D Marie Myers, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 776 Baltimore Pike,South Middleton, Gardners, PA 17324. Residence is vacant. Per the Postmaster the defendant now resides at 70 N. Corporation Street, Newville, PA 17241. 12/26/2013 12:46 PM-Deputy Shawn Gutshall, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Reberta Dellinger,who accepted as"Adult Person in Charge"for Larry W Kendall at 125 East Main Street, South Newton,Walnut Bottom, PA 17226. 8,' T UTSHALL, DEPUTY 01/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search arid inquiry for the within named Defendant to wit: Unknown Surviving Heris of Bobby W. Kendall, Deceased Mortgagor, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 776 Baltimore Pike, South Middleton, Gardners, PA 17324. Residence is vacant. 01/14/2014 05:48 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by"drop service"to a person representing themselves to be the Defendant,to wit: Bobby E Kendall at 2178 Ritner Highway, South Newton, Shippensburg, PA 17257. Defendant refused service but did identify himself as the defendant, physical description: 5'8", brown hair,approximately 50 years old. JASO Kfq INSCE , DEPUTY Ronny R Anderson, Sheriff, being duly sworn acc• 2 1. to law, states he made diligent search and inquiry for the within named Defendant to wit: r ut was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns t-- « n requested Notice of osure Diver,t a d Complaint In Mortgage Foreclosure p uties spoke to residents at 78.N.Co ora ion Street, bu they e to verify if any of the other trailers was 70 N, Corporation Street and,they,are,not marked with the addresas on them, SHERIFF COST: $137.02 SO ANSWERS, January 15, 2014 RONNR ANDERSON, SHERIFF �,;)Coun,Su to Shenft,Tokrosnf Inc SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �.4tt'at 4atntittrt � Jody S Smith ' a i1 Chief Deputy :4/ S F F,-.6141 itbit B Richard W Stewart Solicitor s e r gt,fi tr.5 Household Finance Consumer Discount Co. Case Number vs. 2013-7429 D Marie Myers (et al.) SHERIFF'S RETURN OF SERVICE IIIIIIIII02:20 PM-Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: D Marie Myers, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Resid ' Foreclosure Diversion Pro ram and Complaint in Mortgage Foreclosure as" er the Po mas er the defendan n resides at 70 N. orpora ion ree, ewville, . 12/26/2013 12:46 PM-Deputy Shawn Gutshall, being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Reberta Dellinger,who accepted as"Adult Person in Charge"for Larry W Kendall at 125 East Main Street, South Newton,Walnut Bottom, PA 17226. S";"-Mr- UTSHALL, DEPUTY 01/02/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Unknown Surviving Heris of Bobby W. Kendall, Deceased Mortgagor, but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 776 Baltimore Pike, South Middleton, Gardners, PA 17324. Residence is vacant. 01/14/2014 05:48 PM-Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by"drop service to a person representing themselves to be the Defendant,to wit: Bobby E Kendall at 2178 Ritner Highway, South Newton, Shippensburg, PA 17257. Defendant refused service but did identify himself as the defendant, physical description: 5'8", brown hair, approximately 50 years old. JASO Klq IN&LEFE, DEPUTY 01/15/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: D Marie Myers, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 70 Corporation St., Newville, PA 17241. Deputies spoke to residents at 78 N_Corporation Street, but they were unable to verify if any of the Other trailers was 70 N. Corporation,S pet and they,are,not marked with the addres2s;., on them, SHERIFF COST: $137.02 SO ANSWERS, January 15, 2014 RONNR ANDERSON, SHERIFF li,)CaunlySuilo Shont[,Tolsosoft lnc _ AFFIDAVIT FAITH ��OF GOOD I � 1 11 11111 11 1 11 11111 11111 111 11 III I II II INVESTIGATION • *179946* EXHIBIT C File#:201-4492PA • Subject: D.Marie Myers Last-known Address: 776 Baltimore Pike,Gardners,PA 17324 I STATE OF NEW YORK , COUNTY OF SUFFOLK ss.: Samantha Alicea,the undersigned,being duly sworn,deposes and says that I am over the age of eighteen and not a party to this action.I reside in the STATE OF NEW YORK. I conducted a good faith investigation into the whereabouts of the D.Marie Myers at the last-known/property address indicated below and the extent of the investigation and the results are as follows: Date DueDiligence Remarks 02/12/2014 PROPERTY 776 Baltimore Pike,Gardners,PA 17324 . ADDRESS: INQUIRY OF LOCAL Directory Assistance:The subject has a 02/12/2014 TELEPHONE telephone listing for the above stated property COMPANY: address.Search results found the number of (717)486-4713 associated with the subject. Search results show the subject resides at the above stated property address. Search results 02/12/2014 INTERNET SEARCH: also provdied,PO Box 1054,Carlisle,PA 17013 as a possible mailing address.In addition search listed the telephone number of(717) 486-4713. 02/12/2014 DEATH RECORDS: Social Security Death Index Search was unable to locate a death record for the subject. LOCAL TAX Search was unable to confirm a mailing address 02/12/2014 RECORD INQUIRY: for the subject associated with the above stated property address. I,Samantha Alicea,reviewed and signed this affidavit on 02/12/2014.The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge,information and belief. • Sworn o . d subscribed before me on Q-F- /0. ) ,20/j/ Sai ntha Alicea �j, / Attorney Outsourcing Support Services,Inc. LIC#1421841 1 Huntington Quadrangle,Suite 2SO4 key jt� - 1"1 Melville,NY 11747 .j.4.71 Public, Firm Ref#201-4492PA VF.RONICAANN IRVING Notary Public,State of NEW YORK 011R6272373 Qualified in Suffolk County Commission Expires,DECEMBER 24,2016 Free people search and contact details for Dorothy M Myers I WhitePages Page 1 of 1 WhitePages.com Dorothy M Myers Phone number 717-486-4713 Address 776 Baltimore PikeGardners, PA 17324-9010 People Dorothy may know Bobby E Kendall Tammy I Myers Shane A Myers Previous locations Port Royal, PA Carlisle, PA Boiling Springs, PA © 2014 WhitePages Inc. - Privacy Policy and Terms of Use http://www.whitepages.com/name/Dorothy-M-Myers/Gardners-PA/6unavl s 2/12/2014 Page 1 of 3 l> Arch Person Search Results Records: 1 to 25 of 38 Search Terms Used - SSN: 168-34-xxxx; Result Page: 1 2 r All Full Name Age/DOB Address Dates Phone Information 1 DOROTHY MARIE MYERS DOB:Jul xx, 776 BALTIMORE PIKE Jan 1997-Feb 2014 717-486-4713-EST Gender:Female 1943 GARDNERS PA 17324-9010 MYERS DOROTHY M 168.34-xxxx Agee 70 411 Probable current address LexID:1602606015 2 D MARIE MYERS DOB:Jul xx, PO BOX 1054 Sep 2009-Jan 2014 Gender:Female 1943 CARLISLE PA 17013-6054 168-34-xxxx Age:70 LexID:1602606015 3 DMARIE MARIE MYERS DOB:Jul xx, PO BOX 1054 Mar 1991-Nov 2013 Gender:Female 1943 CARLISLE PA 17013-6054 168-34-xxxx Age:70 LexID:1602606015 4. MARIE D MYERS DOB:Jul xx, PO BOX 1054 Apr 1997-Sep 2013 Gender:Female 1943 CARLISLE PA 17013-6054 168.34-xxxx Age:70 LexID:1602606015 5. DOROTHY MARIE MYERS DOB:Jul xx, PO BOX 1054 Mar 1991-Sep 2013 Gender:Female 1943 CARLISLE PA 17013.6054 168-34-xxxx Age: 70 LexID:1602606015 6. MARIE D D MYERS DOB:Jul,1943 PO BOX 1054 Dec 1991-Jun 2001 436-9580 Gender:Female Age:70 CARLISLE PA 17013-6054 168-34-xxxx LexID:1602606015 7 D MARIE MYERS DOB:Jul xx, 776 BALTIMORE PIKE Oct 2009.Oct 2012 717.4864713 Gender:Female 1943 GARDNERS PA 17324-9010 MYERS DOROTHY M 168.34-xxxx Age:70 LexID:1602606015 8. D MARIE MYERS DOB:Jul xx, 2178 RTNER HWY Feb 2012-Apr 2012 Gender:Female 1943 SHIPPENSBURG PA 17257-9756 168-34-xxxx Age:70 LexID:1602606015 9 DMARIE MARIE MYERS DOB: 1943 2178 RITNER HWY Feb 2012 Gender:Female Age:71 SHIPPENSBURG PA 17257.9756 https://secure.accurint.com/app/bps/main 2/12/2014 Page 2 of 3 168-34-xxxx LexID:1602606015 10. MARIE MYERS DOB: 1943 2178 RITNER HWY Feb 2012 Gender:Female Age:71 SHIPPENSBURG PA 17257-9756 168-34-xxxx LexID:1602606015 11. DOROTHY MARIE MYERS DOB:Jul xx, 2178 RITNER HWY Feb 2012 Gender:Female 1943 SHIPPENSBURG PA 17257-9756 168.34-xxxx Age:70 LexID:1602606015 12. DMARIE MARIE MYERS DOB:Jul xx, 776 BALTIMORE PIKE Apr 2000-Jun 2011 717-486-4713 Gender:Female 1943 GARDNERS PA 17324-9010 MYERS DOROTHY M 168.34-xxxx Age:70 LexID:1602606015 13. MARIE D MYERS DOB:Jul xx, 776 BALTIMORE PIKE Jan 1997-Jun 2011 717-486-4713 Gender:Female 1943 GARDNERS PA 17324-9010 MYERS DOROTHY M 168-34-xxxx Age:70 LexID:1602606015 14. DMARIE MARIE MYERS DOB: 1943 1 W MAIN ST Nov 2010 Gender:Female Age: 71 CARLISLE PA 17015-9507 168-34-xxxx LexID:1602606015 15. DOROTHY M MYERS DOB:1943 1 W MAIN ST Nov 2010 Gender:Female Age:71 CARLISLE PA 17015-9507 168-34-xxxx LexID:1602606015 MARIE MYERS DOB: 1943 1 W MAIN ST Nov 2010 16. Gender:Female CARLISLE PA 17015-9507 168-34-xxxx Age: 71 LexID:1602606015 17. DMARIE MARIE MYERS DOB:1943 776 776 BALTIMORE Mar 2002 717.486.4713 Gender:Female Age:71 GARDNERS PA 17324 MYERS DOROTHY M 168-34-xxxx LexID:1602606015 18. DOROTHY MARIE MYERS DOB: 1943 776 776 BALTIMORE Mar 2002 717-486-4713 Gender:Female Age: 71 GARDNERS PA 17324 MYERS DOROTHY M 168-34-xxxx LexID:1602606015 19. MARIE MYERS DOB:1943 776 776 BALTIMORE Mar 2002 717.486.4713 Gender:Female Age:71 GARDNERS PA 17324 MYERS DOROTHY M 168-34-xxxx LexID:1602606015 https://secure.accurint.com/app/bpshnain 2/12/2014 Page 3 of 3 20. DMARIE MARIE MYERS DOB:Jul xx, 45 W BALTIMORE ST Aug 1997-May 1999 Gender:Female 1943 CARLISLE PA 17013-3808 168-34-xxxx Age: 70 LexID:1602606015 21. DOROTHY MARIE MYERS DOB:Jul xx, 45 W BALTIMORE ST May 1982•May 1999 Gender:Female 1943 CARLISLE PA 17013-3808 168-34-xxxx Age:70 LexID:1602606015 22. MARIE D MYERS DOB:Jul xx, 45 W BALTIMORE ST May 1982-May 1999 Gender:Female 1943 CARLISLE PA 17013-3808 168-34-xxxx Age:70 LexID:1602606015 23. MARIE D MYERS DOB:Jul,194345 W BALTIMORE ST Aug 1997-Jan 1999 436-9580 Gender.Female Age'70 CARLISLE PA 17013-3808 168-34-xxxx LexID:1602606015 24. DMARIE MYERS DOB:Jul xx, 1054 BOX PO Oct 1998 Gender.Female 1943 CARLISLE PA 17013 168-34-xxxx Age: 70 LexID:1602606015 25 DOROTHY MARIE MYERS DOB:Jul xx, 1054 BOX PO Oct 1998 Gender:Female 1943 CARLISLE PA 17013 168-34-xxxx Age:70 LexID:1602606015 Records: 1 to 25 of 38 Result Page: 1 2 ► Your DPPA Permissible Use:Court,Law Enforcement or Government Agencies Your GLBA Permissible Use:Authorized by Consumer https://secure.accurint.com/app/bps/main 2/12/2014 • Social Security Death Index(SSDI)Records - Social Security Death Index SSDI Records ... Page 1 of 2 Lou In Subscribe LHome I About Us I Help Learning Center I Store M GIFT MEMBERSHIPS Questions?Call 1-866-641-3297 Search All Collections Death Records in the Social Security Death Index Newspapers (SSDI) Recent Obituaries Discover Your Family's Past in: Newspaper Archives Historical Obituaries Newspaper Archives(1690-20101 All of GenealoavBank Birth Records Historical Obituaries(1704-19991 )recent Obituaries(1977-Today) Marriage Records Passenger Lists Newsoaoer Articles Your search did not match any items in Social Security Death Index. Legal.Probate&Court photos&Illustrations Suggestions ♦More I • Check your spelling. G.-..---------.—------------------.-------� ? • Try inserting wlldcards In place of any easily misread letters,like"Mo?7oy"or "Mo"oy."The question mark wildcard will match any single character,and the asterisk will match up to five characters.Learn More Other Genealogy Records • Try searching for other distinctive information about your ancestor using the Social Security Death Index "Include keywords"field. Historical Books Historical Documents African-American Newspapers Irish-American Newspapers Need Help Searching Your Ancestors? Contact Us Now Toll Free 1-866-641-3297 Our family history consultants are here to help. 11am-7pm EST Try another search! Last Name i ) First Name i ® Middle Initial i ® http://www.genealogybank.com/gbnk/ssdi/?lname=&fiiame=&minit=&birthy_0=&birthy_... 2/12/2014 Social Security Death Index(SSDI) Records - Social Security Death Index SSDI Records ... Page 2 of 2 Date Information Born Between year," and year Died Between Year and year i ' Last Known Residence City 1 1 County I , State Any iy OR ZIP Code OR Non-U.S. Location Social Security Number Details State SSN Issued 1 Any Ed Social Security Number .................. SSDI Search Tios Clear Form ( Begin Search • J Stay connected.Follow us! in the news I contact us I affiliates I privacy policy I terms of use I site map I blog http://www.genealogybank.com/gbnk/ssdi/?lname=&fname=&minit=&birthy_0=&bi rthy_... 2/12/2014 Public_Site: Powered By Freeance 5.4.1.6370 -TDC Group Inc. Page 1 of 1 oi ._ �'k''2=',,,,1 t p x as s w 1 ,, i �"'(1 44 h f . 3 ,t ,. toe ^S1 �T"",''''w� � �k�W, ."*,t x.0..xP. a,(.:t 9, , % 0,.F., Current Map Tool:Zoom In y Click or drag on the map to zoom in. i�ti Search This Map Parcel ID search(full 16-characters) r -,.-, ""' �" Search by Property Location i . •�'"6 .. ,' �1ge Use abbreviation for road type(Rd,Ave, ' i, ,t -• 4 l re Ln,Cir,Sp ,�, r c Map&Parcel .. ........-....................... ' C Map Legend - two' F` j ' l Customize This Map 11 Y.'': , , ; S' ,t Site Instructions ) � £ , ..... a..44 z:. " /-"- , 1 r anee . w l ' se ¢� a> a45M1 � CY,iC 5km [t. mr, s � ,s I` _41`k` + ' vf,, 4 �% . . a -• ot X: ' !' #::t ,t , s.n a ° ADAM COWRY tiwe8rr GROUP .. . . No Results Found•Problems or questions can be directed to �ppRCEL NUMBER �_.• PROPERTY LOCATION the Adams County GIS/Mapping Office at •e — — No Results Found (717)337-9817. __ _V~^^v' Website Help http://gis.adamscounty.us/Freeance/Client/PublicKioskl/index.html?appconfig=Public_Site 2/12/2014 AFINVESTIGATION FIDAVITOFGOOD 1 111111 111111 Iliii 11111 11111 FAITH 11111 III I liii *179945* File#:201-4492PA Subject: Bobby E.Kendall,Known Surviving Heir of Bobby W.Kendall,Deceased Mortgagor and Real Owner Last-known 2178 Ritner Hwy wy,Shippensburg,PA 17257 tt STATE OF NEW YORK COUNTY OF SUFFOLK ss.: sni Y Samantha Alicea,the undersigned,being duly sworn,deposes and says that I am over the age of eighteen and not a party to this action.I reside in the STATE OF NEW YORK. I conducted a good faith investigation into the whereabouts of the Bobby E.Kendall,Known Surviving Heir of Bobby W.Kendall,Deceased Mortgagor and Real Owner at the last-known/property address indicated below and the extent of the investigation and the results are as follows: Date DueDiliaence Remarks 02/12/2014 PROPERTY 776 Baltimore Pike,Gardners,PA 17324 ADDRESS: 02/12/2014 LAST-KNOWN 2178 Ritner Hwy.,Shippensburg,PA 17257 ADDRESS: INQUIRY OF LOCAL Directory Assistance: The subject has a 02/12/2014 TELEPHONE telephone listing for the above stated property COMPANY: address. Search results found the number of (717)486-4713 associated with the subject. Search results show the most current address as 02/12/2014 INTERNET SEARCH: 2178 Ritner Hwy.,Shippensburg,PA 17257 in Nov 2011.There are no address listings for 2014. 02/12/2014 DEATH RECORDS: Social Security Death Index Search was unable to locate a death record for the subject. LOCAL TAX Search was unable to confirm a mailing address 02/12/2014 RECORD INQUIRY: for the subject associated with the above stated property address. I,Samantha Alicea,reviewed and signed this affidavit on 02/05/2014. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge,information and belief. i U 1 Sw• • nd subsc ibed before me on t 41, &_t/ t_it A J,1 _ . / U �, , 20 !I . .ntha Alicea Aor • Attorney Outsourcing Support Services,Inc. LIC#1421841 / Huntington Quadrangle,Suite 2SO4 elville,NY 11747 Notary Public, Firm Ref#201-4492PA VERONICA ANN IRVING Rosary Public,Stake of NEVV YORK 011R6272373 QumHfied in Suffolk County Commission Expires,DECEMBER 24,2016 • Free people search and contact details for Bobby E Kendall I WhitePages Page 1 of 1 WhitePages.com Bobby E Kendall Phone number 717-486-4713 Address 776 Baltimore PikeGardners, PA 17324-9010 People Bobby may know Dorothy M Myers Tammy I Myers Shane A Myers cQ 2014 WhitePages Inc. - Privacy Policy and Terms of Use • • http://www.whitepages.com/name/Bobby-E-Kendall/Gardners-PA/agfsa6m 2/12/2014 Page 1 of 1 ..� Bsearch Person Search Results Records: 1 to 2 of 2 Search Terms Used - SSN: 161-60-xxxx; All Full Name Age/DOB Address Dates Phone Information 1. ROBERT E KENDALL DOB:Jul xx, 2178 RITNER HWY Mar 2007-Nov 2011 Gender:Male 1963 SHIPPENSBURG PA 17257.9756 161-60-xxxx Age:50 LexID:1375077203 We Also El Property Records Found: 2. BOBBY E KENDALL DOB:Jul xx, 2178 RITNER HWY Jun 2002-Aug 2005 Gender:Male 1963 SHIPPENSBURG PA 17257-9756 161-60-xxxx Age:50 LexID:1375077203 Records: 1 to 2 of 2 Your DPPA Permissible Use:Court,Law Enforcement or Government Agencies Your GLBA Permissible Use:Authorized by Consumer https://secure.accurint.com/app/bps/main 2/12/2014 Social Security Death Index (SSDI) Records - Social Security Death Index SSDI Records ... Page 1 of 2 Log In I Subscribe Home 1 About Us ( Help I Learning Center Store pi GIFT MEMBERSHIPS Questions?Call 1-866-641-3297 Search All Collection* Death Records in the Social Security Death Index • Newspapers (SSDI) Recent Obituaries Discover Your Family's Past in: Newspaper Archives Historical Obituaries Newspaper Archives(1690-20101 All of GenealogvBank Jlistorical Obituaries(1704-19991 Recent Obituaries(1977-Todav) Birth Records Marriage Records passenoer Lists Newsoaoer Articles l Your search did not match any items in Social Security Death Index. Legal.Probate&Court Photos&Illustrations Suggestions '"More E • Check your spelling. • Try Inserting wildcards In place of any easily misread letters,like"Mo??oy"or "Mo*oy."The question mark wildcard will match any single character,and the Other Genealogy Records asterisk will match up to five characters.Learn More • Try searching for other distinctive information about your ancestor using the Social Security Death Index "Include keywords"field. Historical Books Historical Documents African-American Newspapers Jrish-American Newspapers Need Help Searching Your Ancestors? Contact Us Now Toll Free 1-866-641-3297 Our family history consultants are here to help. 11am-7pm EST Try another search[ Last Name i () First Name (?) Middle Initial (?) http://www.genealogybank.com/gbnk/ssdi/?l name=&fname=&minit=&birthy__0=&birthy_... 2/12/2014 . . Social Security Death Index (SSDI) Records - Social Security Death Index SSDI Records ... Page 2 of 2 Date Information Born Between year and year; l Died Between year ; , and year 1 Last Known Residence City 1 1 County State Any OR ZIP Code OR Non-U.S. Location 8' Social Security Number Details State SSN Issued i Social Security Number 1 Any E SSDI Search TIDS Clear Form ( Begin Search ■ 3 Stay connected.Follow us! in the news I contact us I affiliates I privacy policy I terms of use I site map I blog http://www.genealogybank.com/gbnk/ssdi/?lname=&fname=&minit=&birthy_0=&birthy_... 2/12/2014 ' - -, -,...- 1 Public Site: Powered By Freeance 5.4.1.6370 - TDC Group Inc. 1 Page 1 of v,,,,,,,,,,, , , ,,..7,,,, -'u;,,''“1.`,AY,r0^„-,,I.:.•,,,,f-^,;4,,A;:::.', V',$'''''z'o' '- ,. Current Map Tool:Zoom In ;i1".;-I Click or drag on Ihe map to zoom in tr. ' 7::.!';.kj -,' Search This Map *■"? i --1''" ::: , ``","•- '`.i4.,, I : 1 j .,,,,,., - ° ...;...4-'- ----) *°. =7' '4,...,,...I 1 Parcel ID search(full 16-characters) AA, Search by ProtipeonrifoyrLrooadcaftlyopne(Rd. v . `i Use abbrevia A e fi ,....., .....-4,77--1--1:4-,:, .i., 4bik.-= -...,d .... ........L.:.........1„-;:-.,,-1 ,. ,„ ...I I Ln,Cir,St) oil * , , , 7117 1 *.-J , ,T—tittm -----1-71iT l - t '' -,',4,,-,..iig--.*:eit, Map&Parcel Wf '4' ,...1- - " - 0,--- ---'''4 ' 1•'' l' ' I'es,;i:.• ', — ,.. ,;,r 1 I: Map Legend Customize This Map ,,, ,,.,..1-"I :; 't.----7-7.4. Site Instructions ..:4-4-----=-' "--7f71,11.,,'-'14;',,'=',„..,'.... =.n.=-='' -",", L. '4, •4 ' 4-N f reeance ...1,,,,...,., .z GROUP .4ted,mr.' ,4 4 ADMICOORY Fanorkwa I 5 MI -ir-icoola i 1 5 km r ''2 4'' .,..‘,rP/." ,, .:.t:kOM ,*■t.$ ■ IC CATION „ Probleamms or questions can be directed tO FARCE L NUMBER the Ad s County GIS/Mapping Office at 0 No RNeitos:u:Istpsu7Frciutni:cdd (717)337-9817. ,,fa Website Help 'law 2/12/2014 http://gis.adarnscounty.us/Freeance/Client/PublicKiosk1/index.html?appconfig=Public_Site a I T:t i i I FF3 26 A' u: 29 :UI13Lr,LANJ COUNTY PENNSYLVANIA Household Finance Consumer Discount Company Cumberland County Plaintiff Court of Common Pleas v. Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Number 13-7429-civil Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner and D. Marie Myers Defendants ORDER AND NOW, this Zr.day of /46,07 , 2014,the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Bobby E. Kendall, Known Surviving Heir of Bobby W.Kendall,Deceased Mortgagor and Real Owner,by regular mail and by certified mail, return receipt requested, to his/her last-known address of 2178 Ritner Hwy, Shippensburg,PA 17257 and upon the Defendant,D.Marie Myers,by regular mail and by certified mail,return receipt requested,to his/her last-known address of 70 N. Corporation Street,Newville, PA 17241, and by posting the mortgaged premises of 776 Baltimore Pike, South Middleton Township, PA 17324. BY THE OURT: cc?y fita LEct • Giz2leraert ttpy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff a YsI Ftd#1r�fy� i�� rku1 �' C D F .,, Jody S Smith '4, Chief Deputy 2Diti FEB 25 FM 3: 23 Richard W Stewart CUMBERLAND UUUNTY Solicitor .. - PENNSYLVANIA Household Finance Consumer Discount Co. Case Number vs. D Marie Myers(et al.) 2013-7429 SHERIFF'S RETURN OF SERVICE 02/18/2014 06:40 PM - Deputy Shawn Harrison, being duly sworn according to law, served th:'r-quested Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Link,own Su ivi g Heris of Bobby W. Kendall, Deceased Mortgagor, pursuant to Order of Court by"Posting" ses located at 776 Baltimore Pike, South Middleton, Gardners, PA 17324 with a true and • r ••py .according to law. S 'WN HARRISON, *--7'� Y SHERIFF COST: $46.43 SO ANSWERS, February 19, 2014 RONW R ANDERSON, SHERIFF f THE PRO THONO 1 2i]R HAP -6 PM 2: 19 CUMBERLAND COUNTY PENNSYLVANIA McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company Plaintiff v. Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants Cumberland County Court of Common Pleas Number 13- 7429 -civil PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the above - captioned matter. McCABE, W; ; ERG BY: [ ] Terrence McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq Attorneys for Plaintiff AY ' C. • [ ]' arc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph]. Foley, Esq. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson i'/! ED-OFr/CE Sheriff Di." THE PROTHONOTARY Jody SGn�dh �- `^41,a Chief Deputy 18|1i MAR |2 PM 2:L9 � Richard W Stewart CUMBERLAND COUNT Y Household Financ Consumer Discount Co. vs. D Marie Myers (et al.) Case Number 2013-7429 SHERIFF'S RETURN OF SERVICE 03/07/2014 02:21 PM - Deputy Michell Gutshall, duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: D Marie Myers, pursuant to Order of Court by "Posting" the premises located at 776 Baltimore Pike, South Middleton, Gardners, PA 17324 with a rue and correct copy according to law. ELLE GUTSHALL, DEPUTY 0307/2014 02:21 PM - Deputy Michelle Gutshall, being duly sworn according to law, served the requested Notice of Residential M Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Bobby E Kendall, pursuant to Order of Court by "Posting" the premises located at 776 Baltimore Pike, South Middleton, Gardners, PA 17324 with a rue and correct copy according to law. MC E EGUTSHALL.DEPUTY SHERIFF COST: $68.92 SO ANSWERS, March 10, 2014 (c) CountySuite Sheriff, Toleosoft. RON R ANDERSON, SHERIFF McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE -1D # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 13 -7429 -civil AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA :SS. COUNTY OF PHILADELPHIA ...- -I rn I r� .._ < :2 rn ter- — %JCS �� t ac) P7 -3 z— G' IN) c,) The undersigned attorney being duly sworn according to law, deposes and says that the following is true and correct to the best of his / her knowledge and belief: 1. That he / she is counsel for the above-named Plaintiff; , 2. That on February 12, 2014, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his / her last - known address of 776 Baltimore Pike, Gardens, Pennsylvania 17324. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". 3. That on February 18, 2014, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, by posting the same at the mortgaged premises of 776 Baltimore Pike, South Middleton Township, Pennsylvania 17324. A true and correct copy of the Sheriff's Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". 4. That on February 15, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, through publication in The Sentinel. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "C". 5. That on March 7, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendant, Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, through publication in The Cumberland Law Journal. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "D". SWORN AND SUBSCRIBED BEFORE ME THIS JS DAY OF t" l , 2014 NOTARY PUBLIC/ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MAA KSHICK, Notary Public City If Philadelphia, Phila. C unt•/ Commission Expires May 10, 2C 17 McCABE, WE ERG AN` D?.ONWAY,P. C. BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esquire Attorneys for Plaintiff c -J [A -Marc S. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esquire [ ] Carol A. DiPrinzio, Esquire lvll'L HDI.' , vv 1G1,JDI tCLr OL L.Vlr VVH z, r.L,. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID if 316421 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 21 790-1010 Household Finance Consumer Discount Cumberland County Company Court of Common Pleas 961 Weigel Drive Elmhurst, IL 60126 Plaintiff Number: 13 -7429 -civil tiuUIt1 ys 101 rta1111111 D. Marie Myers 776 Baltimore Pike Gardners, Pennsylvania 17324 and Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 2178 Ritner Hwy Shippensburg, Pennsylvania 17257 and Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Gardens, Pennsylvania 17324 Defendants ORDER AND NOW, this,,,,3'yof,, , 2014, upon consideration of Plaintiff's Motion for Service upon the Defendant, Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Pursuant to Special Order of Court, it is hereby ORDERED that pursuant to Pennsylvania Rules of Civil Procedure 430, Plaintiff may comply with the applicable service requirements by one PUBLICATION of a NOTICE of the filing of the Complaint in Cumberland County newspaper with daily circulation and by one PUBLICATION of a NOTICE of the filing of the Complaint in the Cumberland Law Journal ; by POSTING the premises 776 Baltimore Pike, South Middleton Township, Pennsylvania 17324 with a copy of the Complaint filed in the above captioned matter and by MAILING by Certified Mail,..Return-Reccci. ueste WAte-.and-cvrrectrca . f-theCo l int_ta_tda �'� P3' � es.aurbi�is the subject of the action. FURTHER, it is ORDERED that the Plaintiff may serve all subsequent Notices and pleadings, that require personal service, in the manner set forth above except that Notice of Sheriffs Sale made by the Sheriff in the manner set forth in Pa.R.C.P. 3129.2(D) is legally sufficient and Plaintiff need not re -publish. SERVICE shall be deemed effectuated and completed upon the PUBLICATION, POSTING or MAILING, whichever is later. BY THE COURT: r SUITE 210 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914) 636-8901 SUITE 303 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 130 DELAWARE CORPORATE CENTER I ONE RIGHTER PARKWAY WILMINGTON, DE 19803 (302) 409-3520 FAX 855-425-1980 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 1400 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 February 12, 2014 Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Gardens, Pennsylvania 17324 SUITE 800 312 MARSHALL AVENUE LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 203 722 E. MARKET STREET LEESBURG, VA 20176 (571) 449 9350 FAX: (855) 845-2585 SUITE 2S06 1 HUNTINGTON QUADRANGLE MELVILLE, NY 11747 (631) 812.4084 FAX: (855) 845-2584 Re: Household Finance Consumer Discount Company v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Cumberland County; CCP; Number 13 -7429 -civil Dear Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner: Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, along with a copy of the signed Order dated January 23, 2014, the original of which has been filed against you in regard to the above -captioned matter. Very truly yours, Rachel Weres Legal Assistant for: McCabe, Weisberg and Conway, P.C. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7013 1090 0000 6325 9837 RETURN RECEIPT REQUESTED Exhibit A This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY at C0;1011,1.1 0 OCFiCE'OF TFE SkFh'IFF Household Finance Consumer Discount Co. Case Number vs. D Marie Myers (et al.) 2013-7429 SHERIFF'S RETURN OF SERVICE 02/18/2014 06:40 PM - Deputy Shawn Harrison, being duly sworn according to law, serve in Mortgage Foreclosure upon the within named Defendant, to wit: Unkr own Kendall, Deceased Mortgagor, pursuant to Order of Court by "Posting" Baltimore Pike, South Middleton, Gardners, PA 17324 with a true and SHERIFF COST: $46.43 February 19, 2014 (c) CountySuito Sheriff, Toleosoft. Inc. d th Su :r Iv' ises quested Complaint g Heris of Bobby W. located at 776 ccording to law. WN HARRISON, D SO ANSWERS, OW TY RNY R ANDERSON, SHERIFF Exhibit B PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Patrick Doane, Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 15, 2014. COPY OF NOTICE OF PUBLICATION #cCABE, WEISBERG AND CONWAY, P.C. 3Y,tC:TrjEttgeri0E"4:1440AEI,E,",gSqUIRE'1P;# 16458EDWARD B. CONWAY, ESQUIRE - ID #34687 MARGARET GAIRO. ESQUIRE -ID 5 34419 , • MARC S. WEISBERG. ESQUIRE -ID #17616 •:: ANDREW L. MARKOWITZ, ESQUIRE ID #28009 HEIDI A: SPIVAK, ESQUIRE - ID #74770 MARISA J..COHEN, ESQUIRE - ID 587830 CHRISTINE L. GRAHAM, ESQUIRE -tD #309480 BRIAN T. LAMANNA,-ESQUlRE- ID #310321 JOSEPH F: RIGA, ESQUIRE - ID #57716 JOSEPH I. FOLEY, ESQUIRE - ID #314675' JENNIFER.L..WUNDER. ESQUIRE - ID #31 59I LENA.KRAVETS, ESQUIRE - ID #316421 123 South Broad Street. Suite 2080 Philadelphia. PennsylvanIa 19109 • (215)7990071 Household Fi -' V. Bosby Kendall,Larry V ..., euoior" Rai' ••iittoineysforeia71!..., Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are tr PIOWNSURVIVING.HEIRS OF BOBBY -W. KENDALL.DECE.AiidiribicedAGoliAhlifREAbbW TYPE OF'AGTION: CIVIL AcTION!COMPLAINT IN MORTGAGE FORECLOSURE PREMISES SUSJECT TO FORECLOSURE: 7.76 BALTIMORE l'IKE, SOUTH MIDDLETON TOWNSHIP, PENNSYLVANiA 17324 . , I .• .ItyoO*tBKtO defend, you MuOt*tet;a *iittercOOpaaturfaikOarsoUt4lyor by attorney and. file your defenses or OOjeCtionsin writing with Ihe court. You are warned that it you tail to , uo-sn:to cilsp'nY.,fitnctiodyiiteout. you and a judgment ,: MatkikOhteliO0 agaiWiti-,YOU'iW,itfiOililOrtf406q6U;c!Or.;..t1A;foljefj4Atieit0:.ifr'0*.pyurit)ff: You may •lOsoinonaY.•or • • . . • . • • •:, iviy commission expires: yo0)itour,rriAkE:i7 tite:007KE r0..y0011:1AVOR:ik17-0NdIF.Y.Q1).'op.NPT HAVE AilikWYER';GQ•TcYpe , •.; Sworn to and subscribed before me this rel d vfl cala ti a 0 14 ttary Public ::.TELEP.SIONEMHE'ooitg:zg7oFORT:03gpc:wmiitvpF19E CAN PROVIDE YOU WITH iNf91.WATion. iFiiOleAN40*;4goniiio..i7iiiit .kLAie;:-iiie:oi66e.iviA.+ BE ABLE TO PROVIDE YOUWITHwiiH INFORMATION ABOUT A0E0cisT.wyT:10.K(....o.F.F,F/Lpe,L SERVICES Tp,eLipiaLE.,1),ge§ons AT A • W49.4,i•Fgg.pp,Nio,..F.:EE . . • . . • - . • • • . • .• • ..,;,,:,, ..: ..;,, . • .... •,..„ .....; „..Cumberland County Bar Aaa00410!: ;...:.:_ 'f. " • - • • • ,..; • , ., .:: ', ,- -,.,‘ ..:cour,t. lkclinirglii•iti;i,r ",••• :I, ' ..•, -.. :, • : _ . ' • . .. r• 32•SouthAOdfOrd*reat • . .: „ . • . . - • , AtrBiltirkoie.SiOot •'" :. Cari10O.'.Paririaittiota:01 . . • ,. , : . a -r or • COMMONWEALTH OP NNSYLVANIA Notarial Seal Bethany N. Holtry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNS.Yi.vA.i.V. iv::::',-:t10,170N OF NOTARIES Exhibit C PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz March 7, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Exhibit D Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 7 day of March, 2014 1. LIU NOTARIAL SEAL. DEBORAH A COLLINS Notary Pubiir, �CARLISLE BOROUGH, CUMBERLAND COULUI 2 My Commission Exl;Vrt.., Apr 23, 2014 l3 V J CUMBERLAND LAW JOURNAL NOTICE Cumberland County, Court of Common Pleas Number 13 -7429 -civil Household Finance Consumer Discount Company, Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Defendants TO: UNKNOWN SURVIVING HEIRS OF BOBBY W. KENDALL, DE- CEASED MORTGAGOR AND REAL OWNER TYPE OF ACTION: CIVIL ACTION/ COMPLAINT IN MORTGAGE FORE- CLOSURE. PREMISES SUBJECT TO FORE- CLOSURE: 776 BALTIMORE PIKE, SOUTH MIDDLETON TOWNSHIP, PENNSYLVANIA 17324. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE Exhibit D SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 TERRENCE J. McCABE, ESQUIRE, ID # 16496 MARC S. WEISBERG, ESQUIRE, ID # 17616 EDWARD D. CONWAY, ESQUIRE, ID # 34687 MARGARET GAIRO, ESQUIRE, ID # 34419 ANDREW L. MARKOWTIZ, ESQUIRE, ID # 28009 HEIDI R. SPIVAK, ESQUIRE, ID # 74770 MARISA J. COHEN, ESQUIRE, ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE, ID # 309480 BRIAN T. LaMANNA, ESQUIRE, ID # 310321 ANN E. SWARTZ, ESQUIRE, ID # 201926 JOSEPH F. RIGA, ESQUIRE, ID # 57716 JOSEPH I. FOLEY, ESQUIRE, ID # 314675 CELINE P. DerKRIKORIAN, ESQUIRE, ID # 313673 JENNIFER L. WUNDER, ESQUIRE, ID # 315954 LENA KRAVETS, ESQUIRE, ID # 316421 McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff 123 South Broad Street Suite 1400 Philadelphia, PA 19109 (215) 790-1010 12 Mar. 7 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff v. Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner and D. Marie Myers Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 13 -7429 -civil AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. N `0 r COUNTY OF PHILADELPHIA The undersigned attorney being duly sworn according to law, deposes and says that the following is true and correct to the best of his / her knowledge and belief: 1. That he / she is counsel for the above-named Plaintiff; r 2. That on March 12, 2014, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his last -known address of 2178 Ritner Highway, Shippensburg, Pennsylvania 17257 and upon the Defendant, D. Marie Myers by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to her last -known address of 70 N. Corporation Street, Newville, Pennsylvania 17241. True and correct copies of the letters, certificates of mailing and certified receipts are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on March 7, 2014, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendants, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and D. Marie Myers, by posting the same at the mortgage premises of 776 Baltimore Pike, South Middleton Township, Pennsylvania 17324. True and correct copy of the Affidavit of Service indicating the same is attached hereto, made a part hereof, and marked Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THISAY OF NOTA' 201 NOTARIAL SEAL VICTORIA V. SHEGAI, Notary Public CityPhiladelphia, Phila. County r,�rQ %}! My Cormiss :,n Expires October 15, 2016 McCABE, WEISBE : AND CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ ] 1 c S. Weisberg, Esq. [ ] Edward D. Conway, Esq. [ ] ' • argaret Gairo, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] J nifer L. Wunder, Esquire [ ] Lena Kravets, Esquire Carol A. DiPrinzio, Esquire Attorneys for Plaintiff .c.0- , THE PROii{.N'j Ali:. 201/I FEB26 AM 6:20 dL)H ERLAUO COUNTY PENNSYLVANIA Household Finance Consumer Discount Company Plaintiff v. Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner and D. Marie Myers Defendants AND NOW, this ay of J-. ORDER Cumberland County Court of Common Pleas Number 13 -7429 -civil 2014, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, by regular mail and by certified mail, return receipt requested, to his/her last -known address of 2178 Ritner Hwy, Shippensburg, PA 17257 and upon the Defendant, D. Marie Myers, by regular mail and by certified mail, return receipt requested, to his/her last -known address of 70 N. Corporation Street, Newville, PA 17241, and by posting the mortgaged premises of 776 Baltimore Pike, South Middleton Township, PA 17324. BY THE COURT: 4 SUITE 210 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914) 636-8901 SUITE 303 216 HADDON AVENUE WESTMONT, Ni 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 130 DELAWARE CORPORATE CENTER I ONE RIGHTER PARKWAY WILMINGTON, DE 19803 (302) 409-3520 FAX 855-425-1980 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 1400 123 SOUTH BROAD STREET PI-JILADELPH]A, PA 19109 (215) 790-1010 FAX (215) 790-1274 March 12, 2014 Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 2178 Ritner Highway Shippensburg, Pennsylvania 17257 SUITE 800 312 MARSHALL AVENUE LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 203 722 E. MARKET STREET LEESBURG, VA20176 (571) 449 9350 FAX: (855) 845-2585 SUITE 2S06 1 HUNTINGTON QUADRANGLE MELVILLE, NY 11747 (631) 812-4084 FAX: (855) 845-2584 Re: Household Finance Consumer Discount Company v.Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, and D. Marie Myers Cumberland County; Court of Common Pleas; Number: 13 -7429 -civil Dear Bobby E. Kendall, Enclosed please find a true and correct copy of the Complaint in Mortgage Foreclosure, the original of which has been duly filed of record with the Court. Very truly yours, Daniel Scully For McCabe, Weisberg and Conway, P.C. /dsEnclosure SENT VIA CERTIFIED MAIL NUMBER 7013 0600 0002 2969 9174 Exhibit A This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used far that purpose. SUITE 210 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914) 636-8901 SUITE 303 216 HADDON AVENUE WESTMONT, NI 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 130 DELAWARE CORPORATE CENTER 1 ONE RIGHTER PARKWAY WILMINGTON, DE 19803 (302) 409-3520 FAX 855-425-1980 D. Marie Myers 70 N. Corporation Street Newville, Pennsylvania 17241 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 1400 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 March 12, 2014 SUITE 800 312 MARSHALL AVENUE LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 203 722 E. MARKET STREET LEESBURG, VA 20176 (571) 449 9350 FAX: (855) 845-2585 SUITE 2S06 1 HUNTINGTON QUADRANGLE MELVILLE, NY 11747 (631) 812-4084 FAX: (855) 845-2584 Re: Household Finance Consumer Discount Company v.Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, and D. Marie Myers Cumberland County; Court of Common Pleas; Number: 13 -7429 -civil Dear D. Marie Myers, Enclosed please find a true and correct copy of the Complaint in Mortgage Foreclosure, the original of which has been duly filed of record with the Court. Very truly yours, Daniel Scully For McCabe, Weisberg and Conway, P.C. /dsEnclosure SENT VIA CERTIFIED MAIL NUMBER 7013 0600 0002 2969 9181 Exhibit A This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE- OF Household Finance Consumer Discount Co. vs. D Marie Myers (et al) Case Number 2013-7429 SHERIFF'S RETURN OF SERVICE 03/07/2014 02:21 PM - Deputy Michelle Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: D Marie Myers, pursuant to Order of Court by "Posting" the premises located at 776 Baltimore Pike, South Middleton, Gardners, PA 17324 with a rue and correct copy according to law. MIC ELLE GUTSHALL, DEPUTY 03/07/2014 02:21 PM - Deputy Michelle Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure upon the within named Defendant, to wit: Bobby E Kendall, pursuant to Order of Court by "Posting" the premises located at 776 Baltimore Pike, South Middleton, Gardners, PA 17324 with a rue and correct copy according to law. MIC ELLE GUTSHALL, DEPUTY SHERIFF COST: $68.92 SO ANSWERS, March 10, 2014 RONNY R ANDERSON, SHERIFF cc) CountySilite Sherif!, 1 eleosoft Exhibit B McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 • ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA 1 COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff n!.._71307:HOF CF THE PROTHONOTARY Mit AUG 21 P11 2: a I CUMBERLAND COUNTY' PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13 -7429 -civil ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants, D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, in the above -captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure, and assess damages as follows: Amount due Interest from 11/13/13 to 08/14/14 Total Date: 8/14/2014 $ 182,403.37 $ 8,328.21 $ 190,731.58 McCABE, WEIS RG & CONWAY, P.C. BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ 1 Lena Kravets, Esq. Attorneys for Plaintiff J...4.4an. Weisberg, Esq. [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ 1 Carol A. DiPrinzio, Esq. 4 , b0 PO Krt`i eitaaa.8414 of sic) JO NA a rrei led AND NOW, this day of 03+ , 2014, Judgment is entered in favor of Plaintiff, Household Finance Consumer Discount Company, and against Defendants, D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir ofBobby W. Kendall, Deceased Mortgagor and Real Owner, and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, in rem only and not in personam, and damages are assessed in the amount of $190,731.58, plus interest an costs. BY THE PROTHONOT McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13 -7429 -civil AFFIDAVIT AS TO MILITARY SERVICE Alfonso Westbrook, being of lawful age and being first duly sworn on oath, states and deposes as follows: 1. I am a Legal Assistant at McCabe, Weisberg & Conway, P.C. 2. On the Fourteenth day of August, 2014, I personally conducted an online search through the Department of Defense Manpower Data Center at https://www.dmdc.osd.mil/scra/owa/home, which indicated that the Defendants, D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, were not in the military service of the United States as of the date I conducted the search. A true and accurate copy of the printout of the online search results from the Department of Defense Manpower Data Center is attached hereto. 3. To my knowledge, defendants, D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner, are not infants or incompetent. I affirm, under the penalties for perjury, that the foregoing representations are true. SWORN AND SUBSCRIBED BEFORE ME THIS / t/ OF AUS , 2014 By: DAY Name: Alfonso Westbrook OTARY PUBLIC Date: 8/14/2014 COlA1NOF�'VY7-ALTH OP PENNSYLVANIA NOTARl.4L SEAL SI4ONDERA DRAYTON, Notary Pic City of Philadelphia, Pipe. County My Cartiminion Spites Jan u 31, 2018 Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act. Last Name: MYERS First Name: ID. Middle Name: MARIE Active Duty Status As Of: Aug -14-2014 Results as of : Aug -14-2014 06:10:08 AM SCRA 3.0 On Active Duly On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - ', Not. L NA This response reflects the indi duals' active duty status based errata Active Duty Status Date • , ( Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - _ - .7 ' 'Nci---0" i. NA This response reflects where the individual left active dutY-status within 367 days preceding the Active Duty Status Date 1: The Member or His/Her Unit Was Notified of a Tutu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA ,, NA A . , No' . NA This response reflects whether the individual or his/her unit has received (ail), notlfica tiOn to port for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 2CX8Q327KOBELBO Department of Defense Manpower Data Center Status Report Pursuant to Servicernembars Civil Relief Act Last Name: KENDALL First Name: BOBBY Middle Name: E. Active Duty Status As Of: Aug -14-2014 Results as of : Aug -14-2014 06:11:31 AM SCRA 3.0 On Active Duty On Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA NA -- t•ItiN. NA This response reflects the Indivi dual;' active duty status based Ori'lhe Active Duly Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA / - NA : : ' • ' , -.1 .- No •: i',. k NA This response reflects Where 01 r;Individual left active dutstatuS within 367 daysprecedirig thelAcilve Duty Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA ,. NA ' • Ir.) -NoNA This response reflects whether the individual or his/her unit has received early notification to report for active duty • `• Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: MCK1 B357ZOBFK60 Department of Defense Manpower Data Center Status Report Pursuant to Senricemembers Civil Relief Act Last Name: KENDALL First Name: LARRY Middle Name: W. Active Duty Status As Of: Aug -14-2014 Results as of : Aug -14-2014 06:12:48 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA 1 - NA ... '''',..._ ': - -Nr"..‘... NA This response reflects the Individuals' active duly status based on the Active Duly Status Dale - Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA 1 - NA ... '''',..._ ': ' ' -: ... - -..-r- - No -71" 1'. ' A NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date ; '1' I The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active13 utyNon04A.cActive Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA This response reflects whether tit e indiZ/Idual or his/her unit has received EA/ notification teieport for active duty - - Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed...Services (Arilly, Navy, Marine Corps, Air Force, NOM, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PCO9SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: HC29832710BF9B0 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13 -7429 -civil AFFIDAVIT OF LAST -KNOWN MAILING ADDRESS OF DEFENDANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: The undersigned attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby deposes and says that the last -known mailing addresses of the Defendants are: D. Marie Myers 776 Baltimore Pike Gardners, Pennsylvania 17324 D. Marie Myers 70 N. Corporation Street Newville, Pennsylvania 17241. SS. Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 SWORN AND SUBSCRIBED BEFORE ME THIS PIfhDAY OF ANusi" , 2014 �1Q4111C�Y1 �iilt�rtryYL�2(Q,�(X NOTARY P 1 I4 L 0MMONWEALT NN5YLVANIA NOTARIAL SEAL Allyson Marcinkiewicz-Notary Public C'rty of Philadelphia, Philadelphia County MY COMMISSION EXPIRES OCT. 27, 2015 Date: 8/14/2014 McCABE, WEISBE BY: Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 2178 Ritner Hwy Shippensburg, Pennsylvania 17257 Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike South Middleton Township, Pennsylvania 17324 Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Gardens, Pennsylvania 17324 [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ 1 Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ Weisber_ , Esq. [ ] Margaret Gair+, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13 -7429 -civil CERTIFICATION The undersigned hereby certifies that he/she is the attorney for Plaintiff, being duly sworn according to law, deposes and says that a letter was deposited in the United States Mail notifying the Defendants that judgment would be entered against him/her/them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS 11-1/4/ DAY , 2014 NO ARY PUBLIC COMMONWEALTH OF PENN5YLVANIA NOTARIAL SEAL Allyson EA+(, - Allyson MarcinkieWicz-Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES OCT. 27, 2015 Date: 8/14/2014 McCABE, WEISBERG & CONWAY, P.C. V(Y BY: [ ] Terrence J. McCabe, Esq. [ ] Edward D. Conway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Lena Kravets, Esq. Attorneys for Plaintiff [ 414a cc S. Weisberg, Esq [ ] Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Carol A. DiPrinzio, Esq. VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERJ& CONWAY, .C. BY: [ ] Terrence J. McCabe, )✓sq. [ ] Marc S. Weisber sq. [ ] Edward D. Conway, Esq. [ ] Margaret Gairo, sq. [ ] Andrew L. Markowitz, Esq. [ ] Heidi R. Spivak, Esq. [ ] Marisa J. Cohen, Esq. [ ] Christine L. Graham, Esq. [ ] Brian T. LaManna, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph F. Riga, Esq. [ ] Joseph I. Foley, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Jennifer L. Wunder, Esq. [ ] Lena Kravets, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff Household Finance Consumer Discount Company v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Cumberland County; Number: 13 -7429 -civil Curt Long Prothonotary OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 June 10, 2014 To: D. Marie Myers 776 Baltimore Pike South Middleton Township, Pennsylvania 17324 Household Finance Consumer Discount Company vs. D. Marie Myers Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 13 -7429 -civil NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIiER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE ALAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 ds McC BE WE BY: [ ] Terrence J. * cCabe, Esqui [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE. LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACI6N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACIdN ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINOON HONORARIO. Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 AND CONWAY, P.C. ab} arc S. Weisberg, Esquire ] Margaret Cairo, Esquire ] Heidi R. Spivak, Esquire ] Christine L. Graham, Esquire ] Ann E. Swartz, Esquire ] Jose h I. Foley, Esquire ] J nifer L. Wunder, Esquire Carol A. DiPrinzio, Esquire OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary June 10, 2014 To: D.Marie Myers 70 N. Corporation Street Newville, Pennsylvania 17241 Household Finance Consumer Discount Company vs. D. Marie Myers Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 13 -7429 -civil NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 ds McCABE, WE�J BEIltG BY: (}/. [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECERLOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 Np CONWAY, P.C. ] Marc S. Weisberg, Esquire [ ] Margaret Gairo, Esquire [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Jos h I. Foley, Esquire [ ] J nifer L. Wunder, Esquire [ Carol A. DiPrinzio, Esquire 1Ex\b4 A OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary June 10, 2014 To: Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 2178 Ritner Hwy Shippensburg, Pennsylvania 17257 Household Finance Consumer Discount Company vs. D. Marie Myers Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 13 -7429 -civil NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 ds NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDERBIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON 1NFORMACIHN ACERCA DE EMPLEAR A UN ABOGADO. Si USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORh4ACIdN ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 MICA, WEI NI ONWAY, P.C. BY:!6't'! [ ] Terrence J. McCabe, Esquire [9] Marc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire [ 1 Margaret Gairo, Esquire BE [ ] Andrew L. Markowitz, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff [ ] Heidi R. Spivak, Esquire [ ] Christine L. Graham, Esquire [ ] Ann E. Swartz, Esquire [ ] Jose h I. Foley, Esquire J nifer L. Wunder, Esquire Carol A. DiPrinzio, Esquire [ Curt Long Prothonotary To: OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 June 10, 2014 Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike South Middleton Township, Pennsylvania 17324 Household Finance Consumer Discount Company vs. D. Marie Myers Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 13 -7429 -civil NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 ds NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE D1EZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO Ni NINGIJN HONORARIO. Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 McCAABE, W IS E G ' D CONWAY, P.C. BY: C.� ovy a2 --I --,-,---C-2.----- [ /1-C --- [ ] Terrence J. McCabe, Esquire [ ] Marc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Jos 1. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] J nifer L. Wunder, Esquire [ ] Lena Kravets, Esquire [ Carol A. DiPrinzio, Esquire Attorneys for Plaintiff ^xh►b��- GA,I OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary June 10, 2014 To: Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 Household Finance Consumer Discount Company vs. D. Marie Myers Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 13 -7429 -civil NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990.9108 ds NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. Si USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 BY:McC( E, VKEI� GrAyTVD CONWAY, P.C. [ ] Terrence J. Iv�cCabe, Esquire [ ] Marc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire((((((JJJJJJ [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ ] Christine L. Graham, Esquire [ ] Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Joseph F. Riga, Esquire [ ] Jose I. Foley, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] nifer L. Wunder, Esquire [ ] Lena Kravets, Esquire [1. Carol A. DiPrinzio, Esquire Attorneys for Plaintiff ExlribiI- pll OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary June 10, 2014 To: Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Gardens, Pennsylvania 17324 Household Finance Consumer Discount Company vs. D. Marie Myers Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 13 -7429 -civil NOTICE PURSUANT TO RULE 237.5 NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEA RING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 ds McC E, W)ISB BY: F'L / . 1/1 [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire t/ , [ ] Andrew L. Markowitz, Esquire [ [ NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON 1NFORMACIoN ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACI6N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGON HONORARIO. Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 CONWAY, P.C. ] Marc S. Weisberg, Esquire ] Margaret Cairo, Esquire ] Heidi R. Spivak, Esquire ] Christine L. Graham, Esquire ] Ann E. Swartz, Esquire ] Jos p1 I. Foley, Esquire n fifer L. Wunder, Esquire Carol A. DiPrinzio, Esquire [ ] Marisa J. Cohen, Esquire [ ] Brian T. LaManna, Esquire [ ] Joseph F. Riga, Esquire [ ] Celine P. DerKrikorian, Esquire [ ] Lena Kravets, Esquire Attorneys for Plaintiff [ [ [ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: D. Marie Myers 776 Baltimore Pike Gardners, Pennsylvania 17324 Household Finance Consumer Discount Company Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13 -7429 -civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has beientere the ab�e proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: D. Marie Myers 70 N. Corporation Street Newville, Pennsylvania 17241 Household Finance Consumer Discount Company Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13 -7429 -civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Prothonotary w X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 2178 Ritner Hwy Shippensburg, Pennsylvania 17257 Household Finance Consumer Discount Company Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13 -7429 -civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has bee entered in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike South Middleton Township, Pennsylvania 17324 Household Finance Consumer Discount Company Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13 -7429 -civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. "Nt. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 Household Finance Consumer Discount Company Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13 -7429 -civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. �: Prothonotary X Judgment by Default ffff Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike Gardens, Pennsylvania 17324 Household Finance Consumer Discount Company Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 13 -7429 -civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Household Finance Consumer Discount Company FILE NO.: 13 -7429 -civil Civil Term v. AMOUNT DUE: $190,731.58 D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner INTEREST: from 08/15/14 $9,185.55 at $31.35 ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 776 Baltimore Pike, Gardners, Pennsylvania 17324 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: McCABE, WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. cCabe, Esq. [ ] Edward D. onway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [] Celine P. DerKrikorian, Esq. ciMl s, ] Carol A. DiPrinzio, Esq. T "-Attorneys for Plaintiff . "�,,yay �aa�8l�l 13 « v.�s"� VW 4L Z [ ] Marc S. Weisberg, Esq. .{Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. Address:123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. ok PE- Tse LEGAL DESCRIPTION ALL that tract of land situate in South. Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center of Pennsylvania Route No. 94 and corner of land conveyed to Vernon R. Stoerzinger and Ida M. Stoerzinger, his wife; thence, South 81 degrees 46 minutes West, a distance of 482.95 feet along land of Vernon R. Stoerzinger, et ux, to a stake and corner of lands of John Peters; thence North 09 degrees 00 minutes West, a distance of 276.40 feet to a stake and corner of lands of Grace Sheaffer; thence South 86 degrees 33 minutes 40 seconds East, a distance of 491.70 feet along lands of Grace Sheaffer to an iron pin in the center of Pennsylvania Route No. 94; thence; South 08 degrees 35 minutes East, a distance of 176.08 feet along the center line of Pennsylvania Route 94 to an iron pin in the center of said road and place of BEGINNING. CONTAINING 2.352 acres and being in accordance with survey of Thomas A. Neff, Registered Surveyor, dated August 22, 1968. BEING improved with a two story dwelling house and shed. Premises: 776 Baltimore Pike, Gardners, Pennsylvania 17324. BEING the same premises which Gregory G. Rohrer and Angel M. Rohrer by deed dated May 24, 1999 and recorded June 9, 2009 in Deed Book 201, Page 378, granted and conveyed unto Bobby W. Kendall. The said Bobby W. Kendall died on May 16, 2012 thereby vesting title in D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner by operation of law. TAX MAP PARCEL NUMBER: 40-38-2180-008 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company Plaintiff v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 13 -7429 -civil AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 776 Baltimore Pike, Gardners, Pennsylvania 17324, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address D. Marie Myers 776 Baltimore Pike South Middleton Township, Pennsylvania 17324 Bobby E. Kendall, Known Surviving 776 Baltimore Pike Heir of Bobby W. Kendall, Deceased South Middleton Township, Pennsylvania Mortgagor and Real Owner 17324 Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 2. Name and address of Defendants in the judgment: Name D. Marie Myers Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 776 Baltimore Pike South Middleton Township, Pennsylvania 17324 Address 776 Baltimore Pike South Middleton Township, Pennsylvania 17324 776 Baltimore Pike South Middleton Township, Pennsylvania 17324 125 East Main Street Walnut Bottom, Pennsylvania 17226 776 Baltimore Pike South Middleton Township, Pennsylvania 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein Cumberland County Tax Claim Bureau Address 1 Courthouse Square Carlisie, Pennsylvania 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address NONE 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name NONE Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue PA Department of Revenue Bureau of Compliance Lien Section Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Tax Claim Bureau Address 776 Baltimore Pike Gardners, Pennsylvania 17324 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 86 Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PO BOX 280948 Harrisburg PA 17128-0948 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Carlise, PA 17013 Commonwealth of PA Department of Revenue United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Attn: Sheriffs Sales c/o United States Attorney for the Middle District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address NONE I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE McCA' ., WEISBERG & CONWAY, P.C. BY: [ ] Terrence J. cCabe, Esq. [ ] Edward D. onway, Esq. [ ] Andrew L. Markowitz, Esq. [ ] Marisa J. Cohen, Esq. [ ] Brian T. LaManna, Esq. [ ] Joseph F. Riga, Esq. [ ] Celine P. DerKrikorian, Esq. [ ] Carol A. DiPrinzio, Esq. Attorneys for Plaintiff [ ] Marc S. Weisberg, Esq. .[-]'Margaret Gairo, Esq. [ ] Heidi R. Spivak, Esq. [ ] Christine L. Graham, Esq. [ ] Ann E. Swartz, Esq. [ ] Joseph I. Foley, Esq. [ ] Lena Kravets, Esq. Household Finance Consumer Discount Company v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Cumberland County; Number: 13 -7429 -civil LEGAL DESCRIPTION ALL that tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center of Pennsylvania Route No. 94 and corner of land conveyed to Vernon R. Stoerzinger and Ida M. Stoerzinger, his wife; thence, South 81 degrees 46 minutes West, a distance of 482.95 feet along land of Vernon R. Stoerzinger, et ux, to a stake and corner of lands of John Peters; thence North 09 degrees 00 minutes West, a distance of 276.40 feet to a stake and corner of lands of Grace Sheaffer; thence South 86 degrees 33 minutes 40 seconds East, a distance of 491.70 feet along lands of Grace Sheaffer to an iron pin in the center of Pennsylvania Route No. 94; thence; South 08 degrees 35 minutes East, a distance of 176.08 feet along the center line of Pennsylvania Route 94 to an iron pin in the center of said road and place of BEGINNING. CONTAINING 2.352 acres and being in accordance with survey of Thomas A. Neff, Registered Surveyor, dated August 22, 1968. BEING improved with a two story dwelling house and shed. Premises: 776 Baltimore Pike, Gardners, Pennsylvania 17324. BEING the same premises which Gregory G. Rohrer and Angel M. Rohrer by deed dated May 24, 1999 and recorded June 9, 2009 in Deed Book 201, Page 378, granted and conveyed unto Bobby W. Kendall. The said Bobby W. Kendall died on May 16, 2012 thereby vesting title in D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner by operation of law. TAX MAP PARCEL NUMBER: 40-38-2180-008 McCABE, WEISBERG & CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Household Finance Consumer Discount Company v. D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 13 -7429 -civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY D. Marie Myers 776 Baltimore Pike South Middleton Township, Pennsylvania 17324 Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 125 East Main Street Walnut Bottom, Pennsylvania 17226 Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike South Middleton Township, Pennsylvania 17324 Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner 776 Baltimore Pike South Middleton Township, Pennsylvania 1.7324 Your house (real estate) at 776 Baltimore Pike, Gardners, Pennsylvania 17324 is scheduled to be sold at Sheriffs Sale on June 3, 2015 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $190,731.58 obtained by Household Finance Consumer Discount Company against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Household Finance Consumer Discount Company the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association Court Administrator 32 South Bedford Street 117 Baltimore Street Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL that tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the center of Pennsylvania Route No. 94 and corner of land conveyed to Vernon R. Stoerzinger and Ida M. Stoerzinger, his wife; thence, South 81 degrees 46 minutes West, a distance of 482.95 feet along land of Vernon R. Stoerzinger, et ux, to a stake and corner of lands of John Peters; thence North 09 degrees 00 minutes West, a distance of 276.40 feet to a stake and corner of lands of Grace Sheaffer; thence South 86 degrees 33 minutes 40 seconds East, a distance of 491.70 feet along lands of Grace Sheaffer to an iron pin in the center of Pennsylvania Route No. 94; thence; South 08 degrees 35 minutes East, a distance of 176.08 feet along the center line of Pennsylvania Route 94 to an iron pin in the center of said road and place of BEGINNING. CONTAINING 2.352 acres and being in accordance with survey of Thomas A. Neff, Registered Surveyor, dated August 22, 1968. BEING improved with a two story dwelling house and shed. Premises: 776 Baltimore Pike, Gardners, Pennsylvania 17324. BEING the same premises which Gregory G. Rohrer and Angel M. Rohrer by deed dated May 24, 1999 and recorded June 9, 2009 in Deed Book 201, Page 378, granted and conveyed unto Bobby W. Kendall. The said Bobby W. Kendall died on May 16, 2012 thereby vesting title in D. Marie Myers, Bobby E. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, Larry W. Kendall, Known Surviving Heir of Bobby W. Kendall, Deceased Mortgagor and Real Owner, and Unknown Surviving Heirs of Bobby W. Kendall, Deceased Mortgagor and Real Owner by operation of law. TAX MAP PARCEL NUMBER: 40-38-2180-008 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY Vs. NO 13-7429 Civil Term CIVIL ACTION — LAW D. MARIE MYERS, BOBBY E. KENDALL, KNOWN SURVIVING HEIR OF BOBBY W. KENDALL, DECEASED MORTGAGOR AND REAL OWNER, LARRY W. KENDALL, KNOWN SURVIVING HEIR OF BOBBY W. KENDALL, DECEASED MORTGAGOR AND REAL OWNER AND UNKNOWN SURVIVING HEIRS OF BOBBY W. KENDALL, DECEASED MORTGAGOR AND REAL OWNER WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) • See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $190,731.58 Interest FROM 8/15/14 - $9,185.55 AT $31.35 Atty's Comm: Atty Paid: $424.62 Plaintiff Paid: Date: 12/11/2014 (Seal) L.L.: $.50 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG & CONWAY, P.C. 123 S. BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No.